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HARVARD COLLEGE
UBRARY
ntOM THB FUND OF
CHARLES MINOT
GLASS OF 1828
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'■)
^NCIENT LAWS OF IRELAND^
•0111 reccu^at)
CERTAIN OTHER SELECTED
BBEHON LAW TEAOTS.
^
^-.■-.>
roaLUMBD USTDBK THB OmaCTtOM OF THB ^COMSf IMIQ?f ■!!■ rOR PCM-Mllllfa TMJI ASyCIMJlT
LAWS AHO 13(flTlTUTB« Or IIUIIJIIID.
G^
VOL. IV.
DUBLIN;
; PRIKTXD FOR HER UAJESTt's STATIOHERT OFFICE :
\ PUBLISHED BT
A. THOM & CO., 87, 88, k 89, ABBEY-STREET;
1 HODGES, FOSTER, & CO., 104, 6RAFT0N-STBEET.
I LONDON:
I LONGMANS & CO. ; TRUBNER & CO.
I OXFORD : PARKER & CO. CAMBRIDGE : MACMILLAX & CO.
{ EDINBURGH: A. & C. BLACK, AND DOUGLAS & FOULIS.
\ —
1879.
PWce Ten Shillings.
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f-CChK. /^A.tv..:r^.v
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UNIVERSITYl
LIP- 1Y
IAN 28 1976
P >
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27, Upper Pembroke-street,
Dublin, Ut September, 1870.
My Lord,
Having been requested by the Com-
missioners for publishing the Ancient Laws and
Institutions of Ireland to edit such of the Brehon
Law Tracts transkted by the late Dr. O'Donovan
or Mr. 0*Curry as might be most suitable for pub-
lication, the Rev. Dr. T. O'Mahony and myself
proceeded to prepare for the press the text and
translation of the several Brehon Law Tracts con-
tained in this volume.
The Rev. Dr. T. O'Mahony, in consequence of ill-
health, was unfortunately obliged to retire from
all connexion with the editing of this volume
before he had finally revised the entire Irish text.
I am much indebted to the kindness of Mr. W. M.
Hennessy, who corrected for the press that portion
of the original text which had not been finally revised
by the Rev. Dr. T. O'Mahony.
The notes appended to the text, except mere re-
ferences, were selected by the Rev. Dr. T. O'Mahony
from those appended to the manuscripts of the origi-
nal translators.
For the Introduction I am exclusively responsible.
The Index and Synopsis have been prepared by
Mr. P. Bagenal.
I am, my Lord^
Your Lordship's obedient servant,
Alexander George JRicuey.
The Right Eer.
The Lord Bishop of Limerick,
Secretary to the Commission for Publishing the »
Ancient Lawi and Institutions of Ireland.
a 2
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CONTENTS.
Introduction :
Part I. — GreneraJ observations as to the translation, vii
„ II.— Of the Tract entitled " Of taking possea-
sion," ..... xiii
,, HI.— Of the " Fine " and the " Gnlfine ** system, xlix
„ IV. — Of the Incidence of Fines, • . xciv
„ V. — Of the Succession to Land, . . ciii
„ VI. — Of the Tract entitled "Judgments concern-
ing Co-tenancy," . . . cxix
„ VII.— Of the Tract entitled " Bee Judgments," . cxli
„ VIII.— Of the Tract entitled " Right of Water," , clvi
„ IX.— Of the Tract entitled " Precincts," . clxiv
„ X. — Of the Tract entitled " Divisions of Land," clxx
„ XL— Of the Tract entitled the " Crith Gabhkch," clxxi v
„ XII.— Of the Tract known as " The Sequel to the
Crith Gabhlach," . . . ccviii
„ XIIL— Of the Tract known as " Of Succession,"
and concluding observations, . ccxxiii
Synoptical Contents of Intix>duction, \ . ccxxxi
I. — ^Din cedcu^cro ; or " Of taking lawful possession," • 1
11. — Ofiearha comaichcefa anDfo ; or " Judgments of
Co-tenancy," . . . . .67
IIL — Oech bp-echa ; or " Bee Judgments," . .161
IV.— Coibtiiuf tufci ; or " Right of Water," . . 205
v.— rriaisne ; or " Precincts/' . . . .225
VI. — ^Do b|ieiteaTfmtif, &c. ; or "Of the Judgment of
Every Ci'ime," &c., . . • .239
VII. — "CoT) cm peap^ann a cinuaib; or "The Land is
forfeited for Crimes," .... 263
VIII. — po-ola cip.e ; or " Divisions of Land," . . 275
IX. — ^De fo'olaib cineoil cuaiti ; or " Of the Divisions
of the Tribe of a Ten-itory," . . .281
X.— Cjiich Sablac, the Crith Gabhlach, . . 297
XL— Do. do., the Sequel to the Crith Gabhlach, 343
XIL— The unnamed Tract entitled « Of Succession," . 371
General Index of the Text, .... 389
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INTRODUCTION.
I- ,
The Brehon Law Tracts contained in this volume have been
selected by the Editors aa specially illustrating the land-
laws of the early Irish, and the constitution of the Celtic
family and tribe.
, Upon the former of these subjects it is not to be antici-
pated that we should find in any work, composed by a
lawyer of the Brehon school, a series of definite rules
systematically arranged ; or even an attempt to lay down
the general principles upon which, in any class of cases, the
judge or arbitrator proceeded. The idea of law in ite
technical sense was wholly foreign to the ancient lawyers.
They dealt not with laws, but customs ; which, of unknown
origin, handed down from remote antiquity, often obscure,
and frequently misconceived, influenced the public opinion
of each tribal community as to what it was right should bo'
done in each particular case. The Brehons were gradually
approaching the idea of general legal propositions by an
induction from numerous and distinct cases which had been
decided in accordance with pre-existing customs.
This mode of dealing with legal questions has been largely
illustrated in the preceding volumes ; assuming an individual
case to have resulted in a concrete decision, they vary to a
certain extent the constituent facts of the case by adding
some, or striking out others, and speculate as to the variation
in the decision which should have followed such an altera-
tion in the facts. This mode of dealing with legal questions
naturally fell in with the idea that all legal rights should be
falcated from a negative point of view, that is, considered
not with the object of being enforced, but rather of being
compensated for when infringed, the amount of such corn-
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VIU INTUODUCTION.
pensatioii being assessed in fixed ratios with reference to
the varying circumstances of each case.
To record the existing customs of their tribe was not an
easy task for tlie ancient lawj-crs, for it involved the
necessity of reducing the indefinite general opinion of the
tribe into a series of abstract propositions by a wide induc-
tion from particular cases. The most indefinite custom
cannot exist, or be transmitted, without being reduced to
Rome form which is capable of oral transmission, and in
every uncivih'zed community certain ancient niles, dealing
indifferently with moral and legal mottei"s, are handed down
from father to son, and remain the exclusive possession of
the clJers of the tribe and the sages of the lav/. Such
ancient rules, when preserved, rarely afford any distinct or
reliable information ; th(3y are intended to serve as catch-
words or suggestions to assist the memory to recall what
had been previously orally communicated ; generally in a
rythmical form, always iu language condensed and antiquated,
they assume the character of abrupt and sententious proverbs,
the drift of which cannot bo more than vaguely guessed at.
CoUectloTis of such sayings ai'e to be found scattered
throughout the Brehon Law Tracts, and in them, if any-
where, are to bo found whatever abstract legal propositions
the Brehous possessed ; it is to be regi-etted, although it may
bo. naturally anticipated, that but little clear and definite
information can be extjacted from these passages. If wo
were certain tliat they were preserved in their original form,
and had no doubt of the accuracy of the translation, yet
the actual meaning and practical o})plictition of tliese brief
and oracular ntfcrances would be to a groat extent a matter of
mere specalation ; such, however, is far from being the case,
and the modern critic approaches the considemtion of them
under g)eat, if not almost insu])orable, difticulties. The
fii'st inquiry naturally is, whether we possess an authentic
Ai*chaic text; upon this preliminary and cardinal question it
is impossible not to fee] most serious misgivings ; liowevor
ancioit any paiticular rule, or rather apophthegm, may be,
the granunatical form of the language in which it is
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INTRODUCTION. IX
expressed cannot claim very high antiquity ; it is manifestly
much later than the Irish of the glosses ; the words have
lost their inflexions, but the sentences have not assumed a
logical construction, and their present form very much
resembles a Latin inscription in which the inflexional
terminations of the nouns and verbs have been erased.
Both the text and matter of popular literature oi-ally trans-
mitted undergo a constant assimilation to the language and
ideas of the day ; but many examples .prove that ancient
formulae handed down as the exclusive possession of a
comparatively small number may at length become unin-
telligible even to their exclusive custodians-; the Salian hymn
of Numa and the litanies of the Arval brothers were repeated
long after their direct meaning was lost. Although it cannot
be contended that the text of the Brehon law had become
as absolutely antiquated as the formulse last alluded to, it is
evident that the commentators felt that they were dealing
with an uncertain and difficult text; the numerous and
often conflicting glosses, and the commentary, sufficiently
prove this. The original text may perhaps have been as much,
and as little, understood by the Brehon of the 16th century
as the original text of the laws of the Decemviri by the
Roman of the 1st century.
An ancient legal text is further very much embarrassed by
the necessary use of purely technical terms, which can have no
life or meaning apartfrom the society in which they originated,
and which when once lost can never be recovered. The ex-
tensive reforms effected during the present century in the Eng-
lish Real Property Law have already rendered obsolete a large
proportion of the terms of legal art which were familiar to the
cotemporaries of Lord Kenyon. In the case of an hereditary
profession, as was that of the Brehon judge, the use of
technical terms throws about the simplest operation the air
of mystery, in which the exclusive possessors of any
speciality desire to hide their calculations; and thus by
every profession whose members assume an abstruse charac-
ter, heralds, lawyers, theologians, &c., there are used vastly
more technical words than are necessary, the object of whiclx
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X INTRODUCTION.
is rather to cloak trivial, than to express complex, ideas.
Difiiculties arising from this cause occur plentifully in every
Brehon law tract.
. The task .of translating the original text is further
emban'assed by the ordinary absence of punctuation in
the manuscripts. When the sentences in a paragi-aph
are intended to bo fully developed, an intelligent reader
supplies for himself the want of punctuation (which is a
very modern invention), and successfully'' follows the sense
of the authors as it is graduaUy developed. The original
Brehon text consists altogether of curt and proverbial ex-
pressions, which rarely attempt the completeness of a sentence,
and are strung together without an attempt at logical or
grammatical connexion ; indeed it may be fairly supposed
that if one of these paragj-aphs had been read through to a
Brehon judge for the first time, evenly and without strong
accentuation, he would have found himself much perplexed
if required to explain the meaning. It is apparent that th**.
most ancient passages possessed a rythmical structure, and
that the movement of the verse, and the pauses in the lines,
threw out separately and emphased the curt and unorganized
a}K)phthegms. Passages of this charjicter, when all the
words are reduced to the one dead level by being successively
v/ritten out without stop or accent, are absolutely deprived
of all the aids to their comprehension, wliich their author
assumed would be lent to them by the voic3 of the oral
teacher.
Editors of such a text must exercise the utmost caution,
and are exposed to constant temptations. The first neces-
sary step which should precede tranj-lation is to break up
the text into the proper paragraphs and sentences. The
form of the text giv^es no indications ho w this should be done,
and hence in liie present c<ase the logical process has been
often inverted, the punctuation being fixed with reference
to an a priori conjecture of the general drift of the [fassnge.
Such speculations, however ingenious, are always practi-
cally of little value, when a large proportion of the words
are technical terms, tlie precise meaning of which is unknown
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INTRODUCTION. XI
to the author. The editors of this volume, wliich contains
many passages of peculiar difficulty, have felt themselves
forced to reconsider the principles upon which the more
ancient text should be translated, and to lay down some
rules for their own guidance in the matter. They have
come to the opinion that the only consistant principle upon
which a translation of the archaic passages can be based is to
adopt the explanations of words contained in the glosses, and
to assume the correctness of the view3 as to the general
meaning of the text expressed in tlie commentary. It may
be easily conceded that the authors of both the glosses
and commentary were themselves unablo to translate the
text with accuracy, or with certainty to divine its meaning ;
but their condition in respect to the modem editor is as
t>vil]ght to absolute darkness. At what date the original
family and tribe- system was broken up in Ireland; whether
it had not been superseded by another organisation even
before the date of some of the commentators of the Brehon
Law tracts, is a question which cannot be answered without
much consideration and further examination of both the
Brehon law and the existing materials of Irish history ; but
whetlier the original Celtic family and tribe-system did or
did not exist in its completeness at the time of commen-
tators, they lived under the influence of the ancient tradi-
tional law, and must, as an hereditary caste, have cherished
the recollections and spirit of the old customs, the exact
knowledge of which may even have ceased to be of practical
importance. As a means of understanding the present, as
even a fragmentary survival of what was once useful know-
ledge, every lawyer learns as a matter of course much which
is really obsolete and unpractical. The English law student
is insti-uctcd in much of the law which has been long since
advantageously abolished. The theory of the feudal system,
the origin of the manor, the feigned proceedings bj' fine and
recovery, are taught to modem students, who may never
have any need practically to apply them ; but by this process
^ the tradition of the old real property law of England is
handed on; and a second rate practitioner of our day could
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Xll INTRODUCTION.
to some extent explain a case in the year books which
would be absolutely impenetrable to the trained mind of an
accomplished civilian. Before attempting to fix the mean-
ing of any passage in the original text, the editors have
consulted the glosses and commentary with the view of
ascertaining what the original commentators understowi the
general diift and meaning of the text to be, and the punctu-
ation and translation has, as far as possible, been based upon
the assumption of the correctness of the views of these
early critics. The more any student becomes conversant
with the ancient texts, the more he must be impressed with
the fact that any other mode of dealing with them is
wholly conjectural. It is possible for an ingenious editor,
by a due application of stops, and the interpolation of words,
supposed to be understood, in italics, to produce any results
he may desire, and by such a process a very plausible and
consistent appearance may be given to a translation which
bears a very feeble (if any) resemblance to the original. It
is the simple duty of the editors of thd present volume to
give the public a translation as correct as possible of the
Irish text, and they have anxiously abstained from the con-
stant temptation to translate this text in accordance witli
tbeir preconceived views of what it ought in any given case
to mean; they at the same time desire to warn students of
the subject that in their opinion the present translation of
the original text can not be received as final or satisfactory :
it is essentially tentative : that other students will differ
from it in many particulars is certain ; that some may suc-
cessfully revise and correct it is most probable ; neither the
late distinguished scholai-s, wlio originallj'- translated the
MSS., nor the present editoi-s, nor any future critic are certain
to be always successful in dealing with such a subjoct matter.
The reader cannot be too clearly reminded that the transla-
tion of the original texts has been conducted upon the
principles before stated ; that conjectures founded upon the
supposed moaning of detached passages of text, and unsup-
ported by the commentary are uncertain; and that the
commentary, not the text, is, in the opinion of the editors,
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INTRODUCTIOK. Xlll
the reliable basis for any conclusions or further speculations.
These observations are the result of a prolonged experience
in dealing with these Brehon texts ; the most difficult of the
passages in question have been translated and re-translated;
frequently the translations were apparently most consistent
and probable, but again and again they have been found to
be inconsistent with what the glossists and commentators
manifestly understood them to be, and in many such
instances the editors had finally to admit that their own
views as to the meaning of the text were, although perhaps
ingenious, altogether mistaken. As to the technical legal
terms occurring in the text, the editors have desired to
translate them as far as possible ; it must be observed that
such words cannot find an exact equivalent in any modem
language; the complex ideas represented by these words
were, as is the case of all legal terms of art, formed under
peculiar and transitory conditions of society, and their real
and living use and meaning perished with the system out
of which they sprang. Their meaning can be only approxi-
mated by a diligent comparison of the divers passages in
which they occur.
IL
The Tract entitleiI;' ■ On Taking Lawful Possession.''
The first tract contained in the present Volume is entitled
" On Taking Lawful Possession," and the importance and
peculiar meaning of this title will be obvious from the
subsequent observations.
The first portion of the original text down to page 33 is
obviously composed as a consecutive treatise dealing with
the symbolic ceremonial by which an action for the
recovery of the possession of land was instituted ; the
latter portion consists of a selection of isolated rules, some
dealing with hereditary succession to land, others having
no more than an incidental connexion with those which
precede them.
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XIV INTKODUCTIOX.
This tract, in itself of obvious utility to the practising
Brehon, is tlie subject of lengthened and clear explanations,
and it would appear that the commentary annexed to the
text is formed by combining several antecedent commen-
taries from different manuscripts, inasmuch as very similar
notes upon the same passage succeed each other in the text.
The great importance of this tract arises from its ex-
hibiting in the clearest manner the mode in which the
judicial authority of the Brehon arose, and the scries of
legal fictions by which a defendant was constrained to
come into court, and to submit his case to the jurisdiction
of the customary Judge. It is most interesting to obsei've
that the authority of the Brehon among the Celtic Irish
arose in precisely the same manner as that of the Judges,
by whatever title they may be called, among the other
Aryan ti-ibes ; that the peculiarity of the Brehon system
does not prove any abnormal organization of the Celtic
tribe, but was in truth but an instance of archaic survival ;
and that a Roman might have recognised in the proceedings
before the Brehon the ancient and technical formulae, from
which with difficulty and after long delay the Ci\'il Law
succeeded in freeing itself.
The evolution of the idea of law and judicial authority
is inseparable from and follows that of government and
social organization ; the judicial system of the Celtic Irish
was permanently fixed by the arrested development of their
social organization, from many causes, which it is not
intended here to discuss, but most of which were originally
physical. The Celtic Irish never formed town communities,
or were subject to any vigorous central authority; it was
utterly impossible, therefore, that they could attain to ideas
of law, which are evolved by the needs of a more complex
civilizatix)n ; the peculiarity of the Brehon is that profes-
sional lawyers of great acuteness and considerable technical
education developed in numerous written works the logical
results of a purely archaic customary law.
In the introduction to the last volume we drew special
attention to the fact that all judicial authority, at least
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INTRODUCTION. XV
among the Aryan or Indo-European tribe communities, is
originally derived from a system of voluntary submission
to arbitration, and we treated the Brchon process by dis-
tress as a legal fiction illustrative of this principle; the
formulae necessary for the institution ot actions to recover
the pos^ssion of land, and which are dealt with very
fully in the present tract, in a remarkable manner illustrate
this rule, and present extraordinary analogies to the ancient
processes of the Roman law. We desire very briefly, and
with special reference to the forms of actions — ^the subject
of this tract — ^to re-consider the origin and theory of
judicial authority in primitive communities. Every archaic
society is governed absolutely and exclusively by " Custom,"
which may be defined as the acquired habits of any human
community. Whence any such habits were originally
acquired, or when any society began to acquire and tmns-
mit any fixed modes of acting, are questions wholly foreign
to this introduction ; we must accept as a fact that every
human community appears to have acquired certain habitft
of acting, and that the surrounding physical conditions
have been most influential in either originating or modifying
them ; abstract ideas of right or wrong axe very obscure in
the members of a primitive community; even in the ordinary
afiairs of daily life they consult their own comfort and
advantage much less than do the members of a civilized
society, and do and endure many things because their an-
cestors did or endured the same, for the local opinion
of the tribe believes that their ancestors were wiser than
themselves, and what has been shall continue to be done.
In such a state of society the ordinary incidents of life, such
as the birth or death of any member of the community,
fee, are followed by fixed and well-known results, and
the status, property, and position of each individual depend
upon, or are aflected by, the occurrence of a well-understood
fact, or group of facts. The progress of any such society
arises from the efforts of individual membera to get rid
of the custom which restrains their personal freedom, to act
otherwise than the unwritten law of public opinion decrees
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XVI INTRODUCTION.
that they must act, from the struggle of the free will against
the local custom. In such communities the individual dares
not attempt to attain his object by open contradiction, or
i-epudiation of the venerated local usage, and strives, there-
fore, to effect his purpose through fictions by means of which
the custom is violated in fact, though observed in appearance.
If a man, who desires to do something which he is forbidden
to do directly, observes that in the event of certain facts
occurring the custom will allow him to do what he desires,
he may artificially produce the requisite state of facts, and
then, in apparent conformity with the custom, circuitously
effect what he could not have directly accomplished ; in
such a case a series of acts are consciously done solelj'^ for
the object that a certain effect may follow; the object
desired is the consequence of the act done, and arises
from the actual pre-existence of the necessary antecedent
fact ; gradually as it is understood that the custom can be
thus evaded, the necessary antecedent acts became less and
loss real, and finally assume the form of a sjinbolical, or
pantomimic performance, which, with the object of individual
convenience, is gradually more curtailed, until at last it is
simply alleged or verbally asserted to have been performed,
and matters ai*e allowed to proceed upon such assumption.
Up to this i)oint it is manifest that the necessary antecedent
facts must be fully and correctly performed, simulated, or
alleged, and that any ftiilure so to do, or incorrectness in so
doing, must result in the failure of the whole operation.
Finally, the exception having become more familiar than the
rule, the society begins to believe that the individual has a
right to do directly what he has hitherto affected indirectly,
and the formula, which originally was the foundation of the
matter, is discovered to be an unmeaning technicality and re-
jected altogether. The ceremony of marriage among half
civilised nations is the most obvious instance of this fact,
and the form of marriage by wife-capture existed in Rome,
as in many other communities, for centuries after the date
at which its meaning was so utterly forgotten that historical
romances were invented to account for its origin. As to
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INTRODUCTION. XVII
transactions of ibis kind during the intermediate period^
when the necessary antecedent facts were merely simulated
or alleged, two points must be observed; first, that unless the
simulation was correctly performed, or the allegation full and
complete, no results at all followed, and secondly, that if the
ceremony was correctly gone through, precisely the same
results followed as would have residted from the real occur-
ence of the facts simulated to have occurred.*
The jurisdiction of Judges was gradually established by
a series of fictions. In the original tribe each " paterfamilias''
ruled as of right those under his absolute jurisdiction ; but, if
differences arose between* members of two distinct families,
there was no original authority to which either could appeal ;•
such disputes could be decided only by a recourse to force
and arms; the manifest inconveniences of such a system
called for some remedy, as the society progressed towards
order and civilisation. At some period there arose a custom,
or general public opinion, that under certain definite circum-
stances the hostile litigants should submit their quarrel
to the arbitration of the tribe, and that the question in
dispute should be decided by reference to the assumed
pre-existing custom.
The rule that in such cases recourse should be had ta
arbitration was in its inception one of imperfect obliga-
tion, and the contending parties might still insist upon
the natural right to assert their claims sword in hand;
the regulations as to judicial procesS among the early
* The common recovery in the English law iraa one of the most elaborate and
successful of legal fictions ; by this process the owners of estates tail succeeded in.
practically repealing the Statute ** De donis." The original form of procedure in
actions of ejectment is often described as another instance of legal fictions ; but it
does not fall within Sir IL S. Maine^s definition of the term ; it was not introduced
to create or attract jurisdiction, for the Court of Common Bench had original
jurisdiction to decide the question really in issue ; and it produced no chnuge in
the rules of the Common Law relative to titles to land. In itA inception it was
nothing more than a fraudulent abuse of the procedure of the Court arising from
the alteration in the form of judgment entered up in actions commenced by the
writ ** de ejectione fermat ; " and the alterations in the procedure, which established,
it as the ordinary action for the recovery of Und, were introduced by the Court
itself.
h
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XVIU INTRODUCTION.
Nors6 settlers in Iceland illustrate this most clearly;*
but gradually the increasing pressure of public opinion
caused the reference to arbitation to become the accepted
and normalmode of deciding differences between the members
of the tribe. It is to be observed that the public opinion,
or custom, did not require the intervention of the arbitrator
until the dispute had reached a certain point, viz., until the
public peace of the tribe vras broken by the occurrence of
actual hostilites betvreen its membei-s. An individual could
not institute a suit to determine a right as against his
neighbour ; but if he assailed his neighbour, spear in hand,
the community required both to submit their rights to
arbitration. The plaintiff, therefore, who desired a judicial
decision upon his claim, proceeded openly to assert his
right in an hostile manner, confident that upon the inception
of the combat the other members of the community would
intervene and enforce the custom of arbitration against both
parties ; the neighbours would not, however, step in between
the parties until mattera had gone on to the point at which
the custom required a submission to arbitration, nor could
the defendant be required to admit that the custom applied
to his case, unless all the preliminary requisite circumstances
had actually occurred. The pantomime of actual conflict
had to be correctly acted up to the critical point, otherwise
there would be no basis for the jurisdiction of the arbitration,
and it should not be pushed beyond a definite point, other-
wise actual conflict would have occurred, the very thing
which the plaintiff desired to avoid. Hence the extreme
technicality of all the early procedure, which proceeded upon
this theory, and the fact that ancient lawyers devoted their
attention to the formulsB requisite to bring a defendant into
court, and disregarded the principles upon which the case
should be decided when brought before the ai-bitrator ; for the
decision of the case it was assumed that the existing custom
* ** Then Flosi spurned the money, and said lie would not touch a penny of it,
and then ho said he would have only one of two things ; either tliat Ilanskuld
should fall unatoned, or they ^ould have vengeance for him." (The story of liunit
Kjfti, vol. 2, p. 155.) This was after the judgment, and the tender of the com-
pensation.
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INTRODUCTION. XIX
was sufficient, and the " sensus communis " of the members of
the community evolved the presupposed usage which ruled
the case.* Ignorance of the presaibed formula deprived a
* The proceedings at the trial at the Hill of Law in the second volume of the
Burnt Njal illustrate this fact, and prove that the technical terms relative to
various classes of ironiids, &c., and the mysterious and obscure proceedings
incident to an action, were not peculiar to the Brehon Law. The course of
the proceedings in this case may be briefly stated as follows:— l^ford, the nominal
plaintiff, gives technical notice of the institution of suit (p. 235); Floei, the de»
fendant, in the night secretly resigns his priesthood and joins the Thing of Aakel
to escape the jurisdiction of the Court (p. 239) ; the next morning Mord opens
his case with the following notice—" I take witness to this, that I except all mis-
takes in words in my pleading, whether they be too many, or wrongly spoken, and
I claim the right to amend all my words, until I have put them into proper shape.
I take witness to m^'self in this** (p. 242) ; the first objection taken is in the nature
of a challenge of the array, viz., that two of the neighbours on the inquest were
relatives to Mord, one his godfather, the other his second cousin (p. 248) ;
Thorhall, the adviser of the plaintiiT, demurs to the challenge on the ground **that
he challenged them not for their kinship to the true plaintiffs, the next of kin, but
for their kinship to him who pleaded the suit *' (p. 250). The demurrer is allowed.
The defendant again challenges the array on the ground that two men on the
inquest were lodgers only, not householders (p. 250). Thorhall replies that the
men qualified as owners of cattle of a value equal to that of the requisite
qualification in land (p. 252). This was a novel puinL Flosi said to Eyjolf —
" Can this be law? ** Eyjolf said hehad not wisdom enough to know that for a surety,
and then they sent a man to Skapti, the speaker of the law, to ask him whether it
were good law, and he sent them back word, ** that ii vku aurely good law, though Jew
knew ii '* (p. 252). Then followed a challenge to four of the inquest ; '* fot those
sit now at horns who were nearer neighbours to the spot" (p. 258). To tliis
challenge Thorhall demurs on the ground that a majority of the inquest was
rightly summoned, and that therefore the case should proceed, whereupon a fnrtlicr
application is made to Skapti, who replies, " More men are good lawyers now than
I thought I must tell you then that this is such good law in all points, that there
is not a word to be said against it ; but sUll I thought that I aione would buno this,
now that Njal it dead j for he wot the onlg man I ever knew who knew it.** The
inquest are then called on to give the venlict, which they do without further
evidence, for they themselves were the witnesses (p. 256). Hie plaintiff goes then
before the Court, and proves the finding of the inquest as to the fact, and the
defendant, Flosi, is called to defend the case, or rather to show cause against the
findmg. Eyjolf, on behalf of the defendant, pleads to the jurisdiction of the
court, which was the Eastfrithersthing, whereas Flosi, being now a Tbingman of
Askel, was within the jurisdiction of the Korthlandersthing. This objection was
fatal; but a second suit is immediately instituted against Flosi for contempt for
court for employing a lawyer in the court to whose jurisdiction he was not subject,
**for having brought money into the fifth court** (p. 261). This step was taken
to compel Flosi to withdraw the plea to the jurisdiction. Other technicalities
follow, but the litigation finally resolves itself into the " Battle at the Althing. "
62
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XX INTRODUCTION.
man of, not of the right, but of the possibility of bringing his
antagonist before a Judge ; and the possessors of the requisite
mysterious forms, whether patricians, pentiffs, or Brehons,
thus acquired the advantage of being the sole possessors of
these secret and essential forms. Thus, in the Roman law,
the term ** actio" became the generic designation, which
signifies a particular form of procedure taken as a whole
including the ceremonies, acts, and words, which constituted
it ; all of which had to bo correctly gone through before
the Judge had any jurisdiction in the matter. The case of
the Eomans proves that it is quite possible that an actual
written law should co-exist with . such a purely archaic
conception of the position and jurisdiction of the Judge.
This period in the development of Roman law is clearly
illustrated in the following passages : —
"The Quirites (men of the lance) had, in their judicial
customs, even to the promulgation of the twelve tables,
forms of procedure, assimilated to acts of violence, and
to the combat, in which we at once see their predominant
characteristic, the military life, and the impoi'tant part
played amongst them by their favom-ite instrument, the
lance; as slLso the predominance of the sacerdotal and
patrician elements, which had regulated the forms, and
which had preserved the pantomimic action of former
days."*
'* The actioTies, leges were completed in ^'urc before the
magistrate, and this was the case even when it was necessary
for him to appoint a Judge. This was the form, the prelimi-
nary step;"t (that 'is, the intervention of the state did not
proceed beyond compelling the parties to submit the quaiTel
to an arbitrator; the state did not pretend itself to enforce
the law in the first instance) ;
" But notwithstanding the fact that the sacramcntum,
and the jadicii postidatio were generally forms for the
enforcement of all substitution of rights, and that they had
in all cases a certain uniform characteristic, however much
the details cand necessary formula?, adapted to each individual
* Ortolan, Iliston* of Roman Law, sec. HO. t I^^i ^^cc. 142.
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INTRODUCTION. XXI
case, might vary in each instance, according to the nature of
the law, or according to the provisions of the law upon
which the right was based, it was necessary that the parties
should be familiar with the acts and ceremonies suited to
their particular case."*
" Such was the early system of procedure amongst the
Romans. Its characteristic was symbol ; it is here that we
find the lance, the tuft of grass, the tile, and the material repre-
sentation of ideas, or of objects. It is here that we find the
gesture, the legal pantomime, the simulated act of violence,
the fictitious combat (manuum consertio), for the most part
symbolising the transactions and processes of an earlier and
barbarous period ; here we find the utterance of sacred terms,
and he who should be so unfortunate as to say " vine '*
(vitea) in an action concerning vines, instead of using the
word " arbores, " which was the religious term peculiar to
the law of the case, would lose his action ; here we find the
impress of the sacerdotal finger ; we see it in the sacin-
mentum, the preliminary deposit of money in the hands of
the pentiflf for the benefit of public religious service; we see
it in the pignoris captio, accorded subsequently on occasions
in which religious sacrifices were concerned ; and it is here
we find the weight of patrician influence. The magistrate,
was a patrician ; the Judge could only be selected from the
order of patricians ; in one word, jus and the judiciwn
were in their hands."t
The explanation of the latter statement plainly is that
it was the original tribe, not the mere sojourners or strangers
on the spot, who had the right to intervene to preserve the
peace, and that none but a member of the original tribe
could be assumed to know the local custom. ^
The Roman ceremonial to which we desire to draw particu-
lar attention, as presenting peculiar analogies to the Brehon
procedure detailed in the present tract, is the 7)ianuum conaer-'
tio, which formed portion of the S3rmbolic action which took
place in the process known as the *f sacrainentum/' This
• • Id., 8CC 148. t I^M »ec. 144.
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XXll INTRODUCTION.
proceeding appears to be nothing else than a personal conflict
between the litigants, foughtoutoverthe subject matterin dis-
pute ; if the subject of dispute was such as could not conve-
niently be carried or led before the praetor, a portion was
brought into court, and the formalities were enacted over it as
if it were the whole (ddnde in earn partem quasi in totam
rem prcesentem ficbat vindicatio). If it was a flock of sheep
or herd of goats, a single sheep or goat, or single tuft of hair
was brought; if it was land, a clod ; if it was a house, a tile,
(Gains IV § 17 Posters translation). The essence of the action
was an actual combat over the subject of dispute ; a mere
personal conflict apart from the subject matter in dispute
was not sufiicient to compel a submission to arbitration as
to title ; the actual ''res" or its symbol must have been fought
across by the contending parties. It is remarkable how far
even at the date of Gains, the original form in actions as to
the possession of land had been symbolised for the conve-
nience of the parties. Originally, when land was the subject
of controvei-sy, the pi-aetor repaired with the litigants to the
spot, and they there performed in his presence (injure) the
ceremony of the manuura consertio. At this stage of the
procedure, the breach of the peace was designedly produced
in a symbolic form, but every thing else was real. When,
however, the Roman tcnitory became too extensive for the
praetor to attend evciy such fictitious combat, the ceremony
was adapted to the change in circumstances, the presence
of the pnetor was dispensed with ; the parties, accompanied
by their respective witnesses, performed the manuum con-
> seHio upon the ground in dispute, and CAiTied a clod as
portion thereof to the praetor, and then matters proceeded
as if the praetor had been present upon the locus in quo
during the performance of the ceremony. Subsequently the
necessity for the litigants to resort to the lands in dispute
was dispensed with ; they left court and again returned, it
being assumed that they had in the meanwhile repaired to
the lands in question ; that is that the statement that there
had been a manuum consertio became an untraversable
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INTEODUCTION. XXIU
allegation in the pleading, and of course was soon absolutely
dropped out and disregarded *
The Brehon procedure for the recovery of land is identical
with the Roman form up to the point at which the contest
for possession was reduced to a mere symbolic formula;
probably from the small extent of the tribe lands in which
such disputes arose, the further step of substituting an
untraversable allegation that a conflict had arisen for an
actual or simulated conflict did not occur to the Celtic
lawyers; but the procedure, although ciystalised in this
archaic form, was modified to suit the circumstances of
different cases, and was adapted to admit what in our
* &Ir. Poste in his edition of Gains (p. 409, 2nd ed.) asks the question, ** What
was the exact nature of the *manuam consertio ? ' " Upon the analogy of the oath
talcen by the parties in the wager of battle in the old English law he conjectures
that the term was equivalent to ^f^tw/ia, an oath or pledge that the party believed
in the jostice of his case ; in the lirst edition of his woric he adds, ** It must be
confessed, however, that none of our authorities allude to the oath (jusjurandom)
having formed a part of the procedure by sacrameutum, and possibly the manuum
con.scrtio was merely a symbolic battle.^ In his later edition he adds ''Is it
possible when we consider the common Aryan descent of the Romans and our
Teutonic ancestors to suppose any connexion between the forms of Roman and
Teutonic litigation ? Or, was manuum consertio merely a symbolic battle, an
idle reminiscence of a process belooging to a period anterior to the existence of
public tribunals, the period of self-help, when the remedy of the litigant was to
redress his wrongs by the prowess of his own right hand ? Or was manuum
consertio, like Diductio and Vis ex conventu, a fictitious trespass necessary for
the basis of the penal (?) proceedings by sacramentum ? Or was it merely the
means of identifying the subject of litigation ? ** (p. 500). The supposed analogy
between the Roman action and the Wager of Battle is very doubtful. The
English proceeding was one of the modes of arriving at a finding upon the issue
of fact arising upon the pleadings, by an appeal to the Divine power to testify as
to this fact by giving the victory to the party in the right The assertion of right
' was an appeal to the Divinity by both of the combatants, who might be hired
champions, but ought to be persuaded of the truth of their cause. Upon the
result of the combat depended the finding, as to the question of fact, upon which
judgment was entered. What resemblance there is between these cases it is
difficolt to see. There can be little doubt that manuum consertio is to be trans-
lated In its ordinary meaning as a combat, not a " symbolic battle, an idle remin-
iscence of a process belonging to an anterior period,** bnt, for xKt purposes oftha suiif
an actual combat, as for the purpose of barring an estate tail, the recovery was
an actual action, pleaded to and defended by the tenant in tall ; and the judgment
over in warrentee against the vouchee was full compensation to subsequent tenant
in tail and the remainder men.
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XXIV INTRODUCTION.
present S3'stem of English pleadings would bo described as a
counter-claim.
It is to be fii-st observed .that the introduction of the
community for the purpose of compelling the parties to sub-
mit to arbitration, was quite independent of any intention
or desire of the parties that there should be an adjudication
as to their several rights to the land in question ; it arose
from the existence of the fact that two claimants were at
one and the same time in possession adversely to each other
of a certain piece of land. This is very clearly shown by a
case cited in the commentary * Ninne, the son of Matech,
with three horsemen was on his way to Ulster; they
unharnessed their horses upon certain lands, which had
previously belonged to their tribe ; this fact was unknown
to them, they had no intention of making any claim to the
lands in question, and their halt there was merely accidental.
The occupier of the land required them to. depart ; "Then
the two, who were with Ninne replied ; * It does not make
our claim greater that we have unharnessed our horses here ;
it is not to claim our share therein/ (The occupier replies)
'This is not easy, for it was your own before ; they shall not
bo left there for that reason.' They did not know until
then that it had been tlieirs before. The person whose land
it was drove their horses from it by force. They afterwards
complained to Conchobar Mac Nessa concerning it, and he
awarded a fine for unlawful expulsion upon the person who
drove the horses out of the land, and an equivalent for what
was driven off it, and he gave them lands in proportion to
their family."
This story recognises the right of Matech to require
an adjudication as to his rights in * respect of the
lands, although the King compounded this claim by an
equivalent given out of his own lands. This bare fact of a
contest for possession was gradually modified into a fixed
procedure by which notice of the intended entry was served
upon the occupier, and the transaction was witnessed and pro-
bably regulated to members of the tribe, the occupier given
♦ Page 6.
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INTRODUOTION. XXV
ample time to consider whether he would abandon the lands
to the claimant, or submit the case to arbitration, and, iinally,
damages payable to the occupier for an illegal entry secured
in the event of the claim proving unfounded. The entire
process in its fully elaborated state was tedious, requiring, if
the occupier simply remained quiescent^ a period of not less
than thirty days. For ten successive days (or at least on the
first and tenth day) the claimant gave notice of his demand,'
and of his intention to enter if no answer were returned;
on the tenth day, accompanied by his witness, and leading
two horses by their bridles, he crossed the boundary, and
remained upon the contested premises, but just within the
march, for a day and a night; he then retired, and during the
subsequent period of ten days (or at least on the miiddle and.
last day) repeated the notices previously given; upon the
twentieth day he again crossed the march, with four horses
and two witnesses, and advanced one third way towards the
centre of the lands. If again he received no answer from the
occupier, he withdrew, and for two days more gave notice
outside of his intention to make his final and decisive entry;
on the thirtieth day he again entered the lands with eight
horses, and with witnesses of whom a certain proportion
were of the chieftain rank (flaitlui), and the others freemen
(feini) ; upon this last occasion he advanced to the centre
of the land, and took possession, unless the occupier submitted
to arbitration. The prolonged period requisite for the notices
and several entries, was intended to allow the occupier time
to consider whether he would consent to arbitration; and
the final entry was in such a form as to compel the occupier
either to abandon possession, or actually to resist, for it ia
stated that, "unless law be offered to him before going over"
(which must mean the crossing of the boundary on the
thirtieth day), "it is not unlawful for him not to come out,
until it is ascertained whether the land is his or not." If, how-
ever, the occupier distinctly refused arbitration, and con-
tested the rights of the claimant, the lengthened procedure
was unnecessary, and the matter was brought to an issue by
an actual forcible entry and occupation of the lands in
question; "if it be certain to him (the claimami) that law
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XXVI INTRODUCTION.
will not be given to him before going over" (i.e., before lie
has crossed the boundary upon the thirtieth day), " it is
not unlawful for him that he has not given notice, provided
that he has brought the means of taking possession"; and
again; 'f if it be certain to him that law will not be ceded to
him, it is guiltless for him to go over with all his cattle/*
The symbolism of tlie procedure is evident ; the claimant
is to enter upon the lands in such a fasliion as tor show that
he is not seeking as a traveller to cross the piece of ground in
question; he does not drive his chariot into or upon the
lands, for in such case his intention might be ambiguous ;
his horses must be loosed from the chariot, and led by the
bridle as if to graze; the duration of the first entry is
intended to prove by a lengthened sojourn within the fence
that his claim was not to traverse but to occupy ; on the first
two occasions upon which an actual conflict isnot anticipated,
he is attended by a witness or witnesses to testify to the
performajice of the essential act ; upon the third occasion ho
is accompanied by witnesses, who must consist of members
of the noble and of the free class of the tribesmen. The
necessary presence of the former is remarkable ; it is very pro-
bable that they are representatives of the community, whose
office would be two-fold ; either to intervene as the Roman
prsetor in the actio sacramenti, if an actual conflict occurred,
or if the occupier abandoned the possession to recognise the
claimant as the legal occupier of the land. That the arbitra-
tion must have rested upon either voluntary submission or
actual conflict, is manifest from the statement that the result
of an unresisted entry on the thirtieth day by the claimant,
not followed by a submission to arbitration by the occupier,
was not in the nature of a judgment in rem, but merely
legalised the plaintifi^s occupation until the question of right
was decided ; and this continued legal occupation had no
other result than to inconvenience the occupier to such an
extent as to compel him to discuss before the professional
arbitrator the question of right.*
• The Welsli process for the recovery of land is analogous to the Irish. " There
are three kinds of dadeiihudds of land ; and these dadcnhudds are, a dadenhudd by
tilth and plooghinga, a dadenhudd by car, and a dadenhudd by bundle and buideu.**
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INTRODUCTION. XXVU
The symbolical acts by which a man expressed his inten-
tion of subsequently taking possession, and which upon the
last entry amounted to constructive possession, were mani-
festly unsuited to the case of a woman ; it was necessary for
her to represent in pantomime the incidents of her owner-
ship, and if she failed in the appropriate details, the cere-
mony was wholly useless for the purpose of putting the
occupier in such a position that public opinion would require
his submission to arbitration ; thus when the Brehon Sencha,
with the design of causing the process to fail, declared that
the formulae in the two cases were the same, blotches arose
on his cheek as a punishment for his unjust advice ; nor
was he cured until his daughter Brigh communicated to
the female claimant the I'equisite symbolic acts for the
purpose of establishing her right to force the occupier to
an arbitration.
The exclusive possession of the knowledge of such ancient
forms was in all early societies the basis upon which rested the
'* And these dadenhndds are not to be prosecuted except by the soHi in the plaoe
where his father was theretofore, or in the place where his parents were formerly ;
for a dadenhndd is not to be sued by kin and descent."
*' Whoever is to prosecute dadenhndd by tilth and ploughing, is to remain upon
the land, without answering, until he may turn his back on the stack of the forth-
coming harvest, and that without answering to anyone, and the answer ; and the
ninth day from the following calends of winter, law."
** Whoever is to prosecute dadenhndd by car, by having been with his car and
his household and his hearth, belonging to himself, or to his father before him,
npon that land, is to be there, without answering, until the ninth day, and then
give an answer ; and at the end of the second ninth day proceed to law."
** Whoever is to prosecute dadendudd by bundle and burden, by having been
with his bundle and his burden, his fire, himself and his father before him nsing %
hearth, upon the land, is to be there, without answering, three nights and threo
days, and give an answer ; and at the end of the ninth day, law.**
** And the dadendudds are not to be adjudged to anyone, nnless there shall have
been a grant and delivery of the land to him previously by the lord.** (Ancient
Laws and Institutes of Wales, voU L, p. 171.)
It is to be observed that these forms of action are confined to claims founded
upon actual ouster, or by lineal descent to lands granted to individuals in several
property. The narrow limits within which a claim by hereditary descent wire
restricted by the Welsh law are subsequently explained in the section of the
Introduction dealing with the fiat and the g$i{fine organizaUon. The full detailQ
of the procedure in such cases are in the same work, voL ii., p. 277.
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XXVlll INTRODUCTION.
power of the sacerdotal or patrician classes. If the correct
fulfiltQent of ancient traditional litanies, or the dramatic
performance of a complicated pantomime, was necessary for
every tribe man who desired to accomjJish his devotions or
to assert his right, the class, which possessed the traditional
and requisite fonnnlaj, exercised an undefined but un-
limited influence over the uninitiated lower order. The
first step towards the establishment of original judicial
power, was the publication, or perhaps the vulgarisation, of
the antique fonnulse. A knowledge of the custom was practi-
cally useless unless accompanied with the further knowledge
of the appropriate form of action ; hence immediately after
the passing of the Twelve Tables a further effort was made
to prescribe regulations for the forms of procedure, or the
actions of the law {leges actioiies) ; and hence the severity
of the blow inflicted upon the Patriciate by the devulgation
of the formulae by Fla^dus Fimbria. There is some incon-
sistency between the text and commentary as to the form
pursued by a female claimant, but upon the whole the
principle of the variance between the two ceremonies is
obvious ; the symbolical acts to be performed by a woman
i"epresented the ordinary incidents of her occupation of the
land ; for the horses led by the man, in her case were substi-
tuted the same number of sheep ; tlie period of thrice ten
days was in her case reduced to thrice four days; she made
three successive entries, first, with two sheep and one female
witness; secondly, with four sheep and two female witnesses ;
and lastly, with eight sheep and three female witnesses; the
text cites what must have been considered the leading case
of the woman Ciannacht, which contains further particulars
of the procedure which had apparently fallen into disuse
before the date of the commentary. It was necessary for
the claimants of either sex upon the first entry to remain a
full day and night within the fence, and by the commentary
it appears that upon the second entrj^ also it was necessary
for the woman to remain for this period upon the lands; the
witnesses therefore wlio accompanied her upon these occa-
sions were women, not men; but upon the occasion of the
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INTRODUCTION. XXIX
third and fiaal entry she " claimed her right with a male
witnesa" Whatever be the reason that upon the two first
entries the witnesses were female (as to which the gloss gives
a curious explanation), it is evident that the witness upon
the occasion of the third entry was required to be a male,
and we may infer that this arose from his fulfilling not
merely the* duty of witnessing the transaction, but of inter-
vening, in the name of the community, in the manner above
suggested. The original also represents Ciannacht not oidy
to have driven the appropriate number of sheep into the
land, but also to have carried with her a sieve, a kneading
trough, and a baking instrument (probably a griddle); these,
articles clearly indicated her intention not merely to enter,
but also to remain upon the lands, and to perform the duties
of her position as housewife.
This ceremonial, necessary as a general rule for the asser-
tion of a claim to the possession of lands, was, from its
nature, in some instances impossible, and in many incon-
venient; and the form was therefore varied to suit the
peculiar nature of the case, hence the passage in the text: —
" There are seven lands with the Feini — into which cattle are
not brought for entry ; it is men that are required" (p. 7); and
that in the commentary : — " the same number of cattle which
is brought to take possession of the other lands is the number
of men that shall be brought to take possession of these lands "
(p. 9). The two first cases excepted are those in which the
entry with horses was absolutelyimpossible, viz., (l')a dun fort
without land, or (2) a church without a green ; the four next
exceptions are cases in which the horses to be brought upon
the land would be exposed to some necessary peril, viz., (3)
" a land upon which there are plunderers," which is glossed
as meaning a land upon which the cattle have been killed ;
this is a very ambiguous expression, and may bear two
entirely different meanings, according to the reference of the
term " plunderers," either the persons in occupation, or to
third parties ; the general object of the exception is that
the claimant should not be obliged to go through the details
of the ceremony, if there were reason to anticipate his
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XXX INTRODUCTION.
horses would be injured or stolen; (4) an island into which
it would be impossible, without great inconvenience, to
bring the horses; (5) land the cattle upon which were
suffering from murrain ; (6) land thfe cattle upon which
were upon certain contingencies liable to be seized by
some local potentate in exercise of some customary right.
Two instances of lands of this description are given ; the
lands of Tir-Mudhain, the cattle upon which were forfeited
to the King of Caisel on the day on which he assumed the
sovei'eignty, because the inhabitants of the lands had killed
a former King of Caisel ; and the lands of Rod-Adamair,
the cattle upon which were similarly forfeited to the Coarb
of Lismor the day on which he assumed the Abbacy, a custom
explained as the reward granted to Saint Mochuta, the
founder of Lismor, for having expelled a serpent out of the
lands in question. In both these instances the lands were
subjected to some curse or penalty, in expiation of the sins of
their former owners, and such exceptional rights should not
be confounded with any of the feudal incidents ; (7) the last
excepted case is that of " land which the chief divides after
the death of the tenant (occupier), where a hole is made,
where a stone is put." It is evident that this passage was
ambiguous to the glossists and commentators ; the immediate
gloss upon th6 text is perplexed and contradictory ; it seems
to explain the exception as referring to any proceeding on
the pait of the chief to re-enter upon a })ortion of the tribe
land (dibadh land), ailer the death of the member of the
tribe to whom it had been allotted, for the purpose of re-
distributing it. In a later passage of the text, which occurs
in page 21, there are two classes of land excepted in the
following words, " except in ihe case of the lands of Conn
Cetcorach, or of land devoted to the supi)ort of a mansion
which is a Nemeadh-person's," the latter of these exceptions
manifestly conesponds with the sixth exception of the
passage in the 7th page, and it may be assumed that the
former exception, in the latter passage, agrees with seventh
exception in the earlier portion of the work; this is
rendered certain by the explanation in the gloss that the
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INTRODUCTION; XXXI
phrase "Conn Cetcoroch's land " denoted some particular
portion of the "dibadh " land ; the gloss in page 23 explains
the exception as referring to a contest between tribesmen
upon a re-distribution of the land by the chief, but adds the
very difficult passage, " as to the land which is lent or let
for rent, it is into it the requisites for taking possession are
brought." That the ancient ceremonial shoiald be exclusively
(or at all) applicable to lands let upon rents, is highly im-
probable, and it is in contradiction to the cases of Ninne
son of Matech, and Ciannacht, which were evidently con-
sidered as leading authoritiea The only e:cplanation of the
gloss which can be suggested, is that the glossist intended
to distinguish the two classes of lands ; those held in common
by the members of the tribe, and divided and re-divided
among them by the chief, to which the entry with horses
was not necessary ; and those held by members of the
tribe in severalty, to which the ceremony was applicable ;
but that at the date at which the gloss was written the
free members of the tribe had been reduced to the position
of paying rent to the chief for the land held in severalty,
and that thus the payment of rent had become one of the
incidents of several ownership.
The claimant having, however symbolically, asserted his
claim to possession of the lands in question by a forcible entry,
if he failed to sustain hLs right, beciune a trespasser ab initio,
and was bound to pay damages to the defendant whose
occupation he had wrongfully disturbed. Every step in the
procedure had to be taken in such a manner that the damages
for the entry, if wrongful, were ipso facto secured to the defen-
dant. In the case of a male claimant, every witness, whom
he brought with liim on each occasion, was to be of an honour
price equal to the value of the land. The fine for the entry
fell upon the claimant and his witnesses, who, most probably,
in the subsequent proceedings testified to the validity of tho
claim, and it would seem that when the claimant, after the
third entry, was put into possession of the lands in question,
all the stock and other property brought in by liim upon the
lands, were charged with the damages ultimately to be found
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XXXn INTRODUCTION.
payable to the defendant if the claimant's case failed; and it
may be conjectured that in the original form of the action the
claimant was bound to put on the land upon the occasion of
his third entry stock equivalent to the value of the land ; such
at least seems to be the passage in the text: — ^" If there be
Fenechus," (submission to arbitration conceded as a custom-
aiy right), " speedy judgement is passed in his favour. If
there be not Fencchus, lawful possession is given; its price
is to. be offered with sheds, cows, food, habitations, attend-
ance of cattle, except in the case of the land of Conn Cetcor-
ach, or the land devoted to the support of a mansion which
is a Nemadh-person's" (p. 21).
: The exceptions prove the rule that it was necessary in all
other cases to bring in the equivalent in property. If this
be correct the analogy to the dctio mcranienii in all its
essential points is complete ; and the property to be placed
upon the land represents the subject matter of the symbolic
wager. This system of counterclaim was strict^ logical, and
jEounded upon the mode in which such tmnsactions were
regarded by a tribe in an eai-ly stage of civilization. The
embolic act was regarded as a real and bond fide transaction,
and all the consequences followed from it, which should
have followed if the thing dramatically represented had really
taken place ; the ceremonial was a short-hand mode of writ-
ing, but was for all purposes that which it represented. The
defendant was forced to arbitration upon the assumption of
an actual conflict, arising out an actual adverse entry ; the
claimant could not deny the reality of the trespass, which was
the basis of his claim to obtain a judicial^ decision of his
rights, and was estopped from trasversing this fact \vhen the
defendant sought in his turn damages for the wrong sym-
bolically inflicted. Thus, among the Maories, when a man
guilty of manslaughter expiated the offence by submitting
to the form of being wounded by the avenging kinsman, he
was considered as absolutely dead for all purposes ; he lost
his status as a member of his tribe; his property was divided
as if he were actually dead, and ho was, as if a stronger, re-
introduced into his original tribe by the ceremony of adoption.
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INTRODUCTION, XXXIU
The amount of the fine to be paid by the unsuccessful
claimant, as may be anticipated, varied, according to the
Brehon Law, with reference to the various circumstances of
the case. " If the nobles have entered over a full fence, and
it is a land which has not a chief and a tribe, it (JJie fine) is
a " Cumhal " and forfeiture of stoclc If they have entered
over an half-fence it is three-quarters of a " Cumhal," and
three-fourths of the stock. . If they have entered on land
which has not any fence at all, it is half a "Cumhal,"
half the stock. The stock only is to be divided by the
plebeians, and half a "Cumhal" is the fine if it be in Cain-
Law.* If ifc be land that has a chief and a tribe, it is for-
feiture of the stock with a " Cnmhol" fine, if entramce he
raade over a full fence, and one half if there be no fence at
all ; and this is the same with respect to plebeians and
nobles " (p. 25).
The peculiar distinction in this passage between land
which has a chief and a tribe, and that which has not a
chief and a tribe, is worthy of observation. The original
translation has in many passages given this meaning to the
words in question ; it must, however, be confessed that this
translation is most unsatisfactory ; it implies the existence
of extra tribal land, a fact most improbable in a country
such as Ireland, in which there was no fringe of unsettled
lands between the Celtic occupiers and an anterior
defeated population; the whole island was divided into
distinct and very well-defined tribe districts ; neither between
the tribe-marks which must have been everywhere con-
terminous, and still less within their limits, could there have
been established indepcndant landholders, disconnected &om
the prevailing system of society. It is to be observed that
the word in these passages translated " tribe " is " coibhne, "
which is translated " hereditary right *' by the same trans-
• Was the forfeitara of the stock absolute in the case of land withoat a chief or .
tribe ? or did it in this case also depend on the result of the action ? Although
not withoat hesitation, we adopt the former theory, viz., that in the case of such
lands the stock was absolutely forfeited, because the fonn of action was inappli-
cable. That the forfeiture was absolute mav be gathered from p. 27, line 24, and
p. 81, line 31.
. C .
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XXXIV INTRODUCTION.
laior in such passages - as "laud to which he thinks he has
an hereditary right " {coibhne) ; and the word coibhne itself
is frequently used as designating a particular class of pro-
perty in land, coibhne-land a^ contrasted %7ith dibadh-land.*
The term must signify both the nature of the right of an
individual to certain landed property of a particular character,
and also the land which was it.self the subject matter of such
a right. In the original text (page 39) the claims of heirs
of females are spoken of as affecting " coibhne "-land; and it
may be reasonably concluded that the coibhneJands were
. those which had been allocated in severalty to distinct
families, and were descendable in the families of the original
real (or supposed) praepositus. The tribe lands,' being
those held in conmion by the membei's of the tribe, are
manifestly described as the dibadh-lands, in which the
share of each occupier was for life only. If this conjecture
be coiTCct, the passages in question should be translated
•* Lands which hav^ not an owner in severalty, and hereditary
transmission **; coihhneAa,nd would thus be equivalent to the
Norse "ttdaf'-land; and the same word when used to express
the right of an individual to such land (or his share therein)
would correspond to the well kno^vn term " udal-recht." If
this conjecture be correct, much of the appai-ent diflGiculties
and contradictions in the text and commentaiy would be
* Cund^ or coiMf is simply a form of the word meaning " head,** and, as applied
to an individual, must be a correlative term, indicatingr the position of the indi-
Yidaal specified in relation to one or more others. The idea implied by the word
*' coibne" is that of the issuing out and interlacing of various branches springing
from one common stock, and it thns means an association of persons grouped
together with reference to a common right or subject-matter, this is exactly the
ancient idea of the ownership of "hereditary" lands, not land in its entirety
transmitted from one individual to another, according to certain rules of sncces*
siott (which is our, modern conception of heirship), but land in which all the
descendents of the original acquirer jointly take an interest This coibne property
means property held jointly by the acquirer and his descendents. The licad of an
actual or potential family would be the cund, or conn ; and if the family were
organized on the geilfine system, he would be then identical with the " geilCnc-
flaith." Dibadh property, in its original sense, as contrasted with coibne- property,
seems to express any property divisible, or to be divided, among several distinct
persons. The necessary equivocal use of such terms is hereafter referred to in
a subsequent section.
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INTRODUCTION. XXXV
removed. We find in this tract four distinct classes of land
to which the prescribed process of formal re-entry is
unapplicable, having reference to the nature of the estate
in the land^ and not to the locality or iu trinsic circumstances ;
the three more important of these arc the following ; first,
the land described in the text at page 7, in the passage above
referred to, as '* land which the King divides after the death
of the tenant, where a hole is made, where a stone is put ";
whatever be the precise meaning of the rule, the text refers
to dibadh-land redivisable after the death of each occupier;
secondly, " the land of Conn Cetcorach ",, which also is
explained to mean debadh-land, and, thirdly, the land which
has not " cund " or " coibhne" If the third class of land is
simply a negative description of the lands included in the
preceding passages, the meaning of all these passages is
simple and clear, viz., that the common tribe lands, dis-
tributed from time to time among the general members of
the tribe for agricultural purposes, and meared by distinct
mounds and boundary stones set up by the executive of
the tribe, and in which the owner had only transitory
interests, were not lands to which the process of recovery of
possession by entry was applicable. The fourth excepted
class of lands, viz., those subject to the rights of some
Nemedh person, are lands upon which the process is rather
facilitated than prohibited, in the interest of the claimant
It is a common error to assert that all lands in Ireland under
the Brehon Law were held as tribe lands, and that the
entire tribe were the owners of the lands comprised in the
tribe-district; it is manifest that much land was held in
severalty, and upon such terms that individuals had specific .
rights in distinct lands, either by hereditary descent, or as
founded upon contract. It is quite possible that lands should
be cut out of the general tribe-land, and become the subject
of several ownership and hereditary rights, without their
vesting in any individujil in absolute property. Portion of
the tribe lands may have been acquired by a single family,
or by an individual on behalf of himself and his family or
possible descendents, and these may havQ been transmitted
c 2
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XXXVl INTRODUCTION.
by hereditary succession, or sold without any one person
acquiring the rights which are implied by the English term
in " estate"; lands may be enjoyed in severalty as between
the family and the tribe, but jointly as between the members
of the family itself. Such were the principles of the Norse
udal tenure of land ; and some such system of land-holding
seems to be- the basis of, the Celtic Qeilfine system, which
it is proposed to deal with in the following section.
A curious exception to the necessary formulce occurs in
the case of individuals described as '*7m<ec/t "-persons. A
raitedi-'person is defined in the commentary as one "who
was up to this time (the time of the actwn) abroad, living
apart from the tribe, and who does not know that he has
not land, and he comes with his cattle, and his neighbours
say the land is his, and judges teU him to go as far as the
third of the land "(p. 29).
The raitech was therefore an acknowledged tribesman,
who, after long absence returned to his tribe, and, upon the
information given to him by members of the tribe, pro-
ceeded boiid fide to assert his hereditary right to the coibnc-
lands of his family.
The raiteclis were divided into three classes; the two
first were the man who had got into failure, and the man
who had deserted upon failure ; both these classes comprise
those who had lost, or failed to obtain, any share in coibnc-
land, and were so to say " out on the road "; the third class
of raitech is defined thus, " The King is called luitech, be-
cause he owns his share of waifs of his road, and also from
his generosity." (Page 31.) The introduction of the King
into the class of broken men is probably due to a fanciful play
upon words; it may, however, be ol)served, that the King, who
claimed a share in any coibne-lands in a tribe tenitorj^
would probably bo resident outside, and would find it
difficult to carry out the full ceremonial in the prescribed
fashion.
The broken man returning to his tribe would find it im-
possible to drive his horses upon and off the land in dispute
at the proper periods ; he had no house or "green" of his
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IJNTRODUCTION. XXXYll
own to resort to in the meanwhile ; and what was more im-
portant^ he was not in himself a security for the damages
the occupier could recover, if the claim proved to be ground-
less. He was therefore permitted to graze his horses upon
the lands during the intervals between the entries, paying
a fixed price for the gi^azing ; and, if the case were decided
against him, he was allowed three days to clear out, and,
subject to the payment of the small damages of three "seds/*
he was permitted to drive off his beasts (p. 27).
The original text, and the detached instructions in the
commentaries, contemplate the use of horses exclusively in
the symbolical entry ; and horses appear to have been both
the original, and at all times the preferable stock for the
purpose. In the gloss an illegal entry is defined as
" the bringing illegal means of taking possession into land,
i.e., cows after horses when he could find horses," the fine for
which was a "cumhal" or forfeiture of stock, or three " sods ";
the glossists are at variance as to the precise amount (p. 33).
It is evident that at some period cows were substituted for the
horses, which in the original ceremony were indispensable.
There appears to have been some distinction, certainly, as to
the amount of fines, between the case of an entry to recover
possession made by a noble, and one made for a similar pur-
pose by a simple freeman, or plebeian, as it is translated. It
may be conjectured that this form of action was, in its
origin, confined to the recovery of lands by the patrician or
noble class, and that the horses and chariot were the symbol
of military possession, as was the lance (at later time repre-
sented by the wand) in the case of the Eomans; that a
similar form of action was invented for the benefit of the
lower orders, and that ultimately the two formulsB were
confounded, although it was always understood that the
claimant only used cattle instead of horse? from necessity,
and that he was not at liberty to substitute them for horses
"when he could find horses."
' The forms of the Brehon procedure for recovering the
possession of land ended with the reference of the dispute
to arbitration j the object of the processf w£^ that his right
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XXXVIU INTBODUCTION.
at law should be granted to the daimant ; that there should
be " Fenichus "; the pressure was put upon the defendant
that there might be " Fenechus," a proceeding or judg-
ment in accordance with the custom of the tribe. Thus the
whole ceremony of the Roman actio ended with the appoint-
ment of the judex. The ancient procedure ended precisely
at. the point where the modem commei^ces. As to what
is now considered the essential of an action, the pleadings
in court, Gains dismisses it in very brief tonus ; " deinde
quum ad judicem venerant, antequam apud eum causam
perorarent, solebant breviter ei et quasi per judicem rem
exponere; quae dicebatur causae collectio, quasi causae suae
in breve collectio." (Gains IV. 15.)
. To understand this we require only an account of the
mode in which a dispute is decided in an Indian village
community. The case is submitted to the entire body of
the inhabitants, who represent the original tribe, or family,
to the patricians in fact of the small' " civitas." The
body thus assembled combine in themselves the func-
tions of witnesses, judge, and jury. They include in
their number all those who knew the facts of the case,
" the respectable men of the neighbourhood,'* so familiar to
us as our ancient form of jury. They themselves are the
living testimony as to what is the custom of their com-
munity, and this custom they apply to the facts of the
case assumed to be within their own knowledge. The
villagers talk over the case among themselves, apparently
* in a very confused manner ; separate groups form, who
discuss the question in various ways ; but at length a result
is evolved ; there is a general consensus arrived at, and the
judgment is given in a purely concrete form. In Mr.
Wallace's description of the confused discussion and ultimate
result of a meeting of a Russian MJr to assess taxation and
divide the village lands, we have a vivid description of the
workings of such a primitive assembly. At this stage of
civilization it is clear that there was no form of procedure
after the submission to arbitration. . When the community
had grown too large to sit together and decide as one body
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INTRODUCTION. XXXIX
upon the case, a committee of the entire body would be
appointed to hear and decide the dispute. This stage of
the judicial development existed among the Icelandic Norse.
Of this procedure there are the most detailed accounts in
the two trials before the Althings related in the Saga of the
Burnt Njal, and before referred to. In these cases it is
evident that the defendants were not bound to submit
to the jurisdiction, unless the preliminary ceremonies
were accurately gone through, and the judges selected
in accordance with the ' custom. Numerous points of
the utmost nicety are raised by the defendants to
every step of the action, and equally technical replies are
made on behalf of the plaintiffs. These very special points
of practice are decided by the general assembly, because
they were antecedent to the creation of the court. But it is
something very foreign to our ideas that the judges, when
at last legally appointed, neither hear any speeches from
the parties, nor examine witnesses ; they retire from the
public meeting, talk the matter over, and come to a decision
on grounds wholly apart from what we should consider the
merits of the case. When a society became numerous, and
its customs complicated, the general public naturally felt
their own ignorance of the traditional rules by which any
cases should be decided, and there arose a necessity for
experts who had made the knowledge of the traditional
custom their special study. The Icelandic Norse dung
tenaciously to the custom of a public assembly, and solved
the difficulty by the appointment of the " Speaker of the
Laws," who attended the Althing, and was its professional
adviser.* The Celtic Irish lost the ancient custom of the
* " In those days there were no books;- everything was traditional ; the law itself
was committed to memory and the custody of faithful lips. Time out of mind
there had exbted amongst the nations of the north [men who, like UUj6t| had
made the customary law their study, and learned its traditional precoptt by heart
There were the lawmen or lawyers G^^gn^^i^}) a class which we shall still find
flourishing in the time of which our Saga tells. They were private persona,
invested with do official character, bnt who enjoyed all the influence which an
exclusive knowledge of any one subject, and, most of all, of such a difficult aabjeci
as law, must necessarily give to any man in an early sUte of society. But when
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xl
INTRODUCTION.
general assembly, and the decision of what the local custom
was, fell into the hands of the Brehons, the hereditary and
professional possessors of the secret of the custom. But the
Brehon was not a judge in the modem sense of the term;
he represented the assembled tribe, and when he had once
got possession of the case there were no sacred formula) to
prescribe the mode in which it should be conducted. It is
evident that the reference of the dispute to a single individual,
in whatever character he acted, necessarily introduced new
elements in the procedure; the court no longer could be held
not only to decide upon the law, but also to testify what
the actual facts were ; hence the introduction of pleadings
(cauacB collectis), the full statement of the case (pcroratio)^
and the examination of the witnesses, and also the an-ange-
ments for the remuneration of the judge. The foundation
of the jurisdiction of the Brehon, as simply the professional
witness of the local custom applicable to the facts, (and
unable to apply to the case, what in English law is termed
*' equity," the appeal to an over-ruling moral law antecedent
to or over-ruling the technical law when it worked injustice,)
is illustrated by the rule (page' 61), ** Constant is every old
law of every territory of covenants. When any territory is
uncovenantcd, it is then every disputed case is brought
before the King." By a " territory of covenants " is meant
a district in which there was an established custom, sup-
posed to rest upon the " consensus " of the tribe, and which
was testified to by the local hereditary Brehon; "territory
the Althing wm established, we first hear of a law officer properly so-called.
This is what we have called the "upcaker of the law/' His boundcD duty
it was to recite publickly the whole law within the space to wliicli tlie
tenure of his olficc was limited. To him all who were in need of a le^al
opinion, or of information as to what was or was not law, had a riglit to turn
daring the meeting of the Althing. To liim a sort of pre>idcncy or precedence
at the Althing was conceded, but i^ith a care which marks how jealously the
young Rcpablic guai-dcd itself against bestowing too great power on its chief
ofHcer. lie was expressly excluded from all share of the executive, and his tenure
of office was restricted to three years, though he might be le-clectcd at the end of
the period." Dasent, Burnt Njal, p. Ivi.
The judicial power in Iceland was vested in the Court of Laws, composed of the
priestly heads of the original families, each with two assessors, whom the official
lawyer instructed upon any point of law, if requested to do so,
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INTRODUCTION. xli
uncovenanted " is glossed " where the defendant or plaintiff
has not a Brehon/' that i% when thd community has failed
to retain a record of their customs by the appointment of
the regular witness to the existence and nature in the
person of the Brehon ; in such a district there was no law to
be applied to the question in dispue. In this case therefore the
King himself ^yas the judge. From this passage we may
infer that at a very early date the geneml meeting of the
tribe, which did continue to meet for some purposes down
to a late period, had lost its judicial power, and that the
King had acquired the powers and position of the assembly
of the tribe, or, which in this case is more probable, there
still hung about him certain surviving fragments of his
ancient judicial function.
When a professional or hereditary class undertake the
duty of recording and transmitting the customs of the tribe,
the hitherto indefinite custom, or habit of acting in a par-
ticular manner, is necessarily reduced to the form of short
rules committed at first to memory, subsequently to writing.
Two fragments of these ancient dicta occur in the present
tract (p. 39 and p. 45). The difficulty of translating pas-
sages of this nature has already been referred to, but,
difficult as is the task of translation, more so is the attempt
to extract from them and develop at length, the customary
rules dimly hinted at, rather than embodied, in the curt and
oracular sentences. An attempt is here made by the assist-
ance of the glosses and commentary to express in distinct
terms the substances of these passages. The following is
submitted to the criticism of the reader by the editors, as a
result of such a comparison, but made by those who can claim
the possession of no source of information, which is not
available to the ordinary student
(!■)
1. The soim, and, if there are no sons, the daughters of
their mother, claim a right to enter upon and take posses-
sion of the lands, in respect of which legal contracts for
full consideration, and dealing with coibue-land, had been
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Xlii IKTRODUCTION.
made with their mother, for the geilfine chief, who must
for this purpose be one of the geOfine division,* confirms
the contract.
2. Brigh made the decision, which fixed the rule of
succession to lands in respect of which contracts had been
entered into upon the occasion of a woman's marriage.
8. The lands are divisible with reference to the number
of the members of the family inclusive of the grandchildren,
and the great-grandchildren, but of the land thus divisible
is excepted one-seventh, which becomes the property of the
geilfine chief. This one-seventh is fixed with reference to
the extent of the lands themselves.
4. Ontheextinctionof the class of great-great-grandchild-
ren, their land goes back to the other classes representing the
.three prior generations ; in such case it is divided among
the classes representing the three prior generations ; on the
extinction of the great-great-grandchildren class the other
classes of the family became the ownera. It is not divided
among them in other proportions than the liability for the
wrongs done by members of the family ; and, therefore, in
such a case the class representing the sons gets no more than
one-fourth part.
6. When the membci-s of a family exceed seventeen in
number, they cease to be organized as a family.
6. The fuidhir-tenants arc not subject to any joint liability
for wrong committed by their kinsman, unless they form
five house-holds of them, completely organized as a family,
upon the principle of mutual liability.
7. If the fuidhir tenants consist of five households, or-
ganized as a family, under a chief, and having sufficient
stock, they divide their property among them, as 'do the
members of the family, and are subject to liability for each
other's deeds in the same proportion.
• It is subsequently suggested that the expression, *' Unless he be tbe sixth,"
may be taken in its lit«ral sense as meaning the sixth head of the family in liocal
descent, a construction of the vords irhich, in the view subsequently taken of the
geilfine, irould be practically equivalent to that in the t<:xt.
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INTRODUCTION. xlui
(II.)
1. A son does not succeed to all the land of his mother,
unless he claim it through her by virtue of a marriage
contract of which the family had notice (i.e., unless it be
"cruibh" or "sliaMa" land).
2. (As to lands other than "cmihh** or ^'sliasta" lands),
her sons divide it upon her death, but (they do iiot succeed to
tJie entire) for one-half reverts to the family of the (her)
father ; the remaining half only her sons divide.
3. The half, which reverts to the fiiraily of the (Iiei^) father,,
the members of that family duly divide among themselves.
4. In the case of a " bo-aire " chief (who dies without
leaving a son) there comes to his daughter by i-ight of
relationship no more than one-half, i,e., fourteen "cumhals"
of land if the deceased had twenty-eight " cumhals " of land.
The same rule applies to the " bratach " lands of a " boTaire "
chief.
5. Land given by the family to the deceased to jjiie used
as a road, upon the terms of his restoring it, is to be restored
by his daughter, if she succeed, in its entirety ; but she is to
be paid by the family upon giving it up, one half the value
of it.
Of these rules, those numbered I., 1-5 appear to relate to the
mother s cruibh and sliasta lands, and vlvo framed with the view
of regulating that succession in accordance with the princi-
ples of the geilfino organization, which are subsequently dis-
cussed in this Introduction. The rules numbered II., 1-3
deal with the succession to a woman's other than cruibh
and sliasta land ; and those numbered II. 4 and 5 deal with
the succession of a daughter, in default of sons, to her
fiither*s land. The very remarkable rules, I. 6 and 7, do
not appear to have any immediate connexion with the ques-
tion of female ownership of land. It would be premature
here to consider the meaning and operation of these rules
until the nature of the family itself and of the geilfinne
system has been to some extent established, and the pro-
posed explanation of the system of descent is, therefore,
postponed to a subsequent section,
tt
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Xliv INTRODUCTION.
It remains to draw attention to some isolated rules
in the latter portion of this tract as illustrative of the nature
and date of the Brehon Law. The first paragraph, to which
attention is desired to be drawn, is the case of Seither in
the original text (page 17). She claimed as against the
chiefs of the tribe, cerbiin lands which they had taken
possession of; the glosses explain this by their having
erected boundaries, or sot up stone landmarks ; comparing
this with the passage in page 7, whore "dibadh" land is
described as "the land which the chief divides after the
death of the tenant, where an hole is made (or, a mound is
raised) y where a stone is put," her ground of complaint was
that the chief of the tribe had measured off as common
tribe propertj", the land which she claimed in separate
ownership. Her father and mother were of different tiibcs,
and her right to the land was established. She then sought
that she should not be subjected to the imposts >vhich fell
upon the unfree holders of land ("/uicZ/t?'?*8 "), nor should
she be expelled from the land (put out into the road), for
failure to perform the military duties incident to the
possession of the land. She was freed from this obligation
(of military services) by her tribe, according to the rule
** that female possession reverts, i.e., that one-half of the
land, which passed to a woman, falls back into the gcueml
tribe land, and that in consideration of tliis the tribe releases
the residue during the fomale owner's life from the duties
incident to the possession.* It is clear from this rule that
* These rules, as far as they deal with the succession of women to land, or the
succession to the land of women, must be taken to represent the effect of the
judgement of Brigh which established the rights of women.
The rule that women, as being incapable to do military service, shoild forfeit
one half of the inheritance, could be introduced only after a date at which the
military incapacity of women was an acknowledged fact.
This would bring down the alteration of the law of succession in the favour of
women to a date subsequent to the year GOT. ** Connected with Adamnan's journey
to Ireland in G97, the Annals record a transaction, which they despatch with
enigmatic brevity: DtdU hgtm innocentium popuUs, In other wordi«, they allude
to a social reformation, wliich was brouglit about by Adamnan, 9nd which, having
obtained the liighe3t sanction of the people, became, as in the case of many modern
Acts of Parliament, associated with the name of the propounder. A synod was
convened at Tara, within an enclosure called the Rath-na-Stnadh^ or ^*Kath of
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IKTRODUCTION. xlv
the possession of any portion of the tribe land entailed
the duty of military service; but that this was an incident
to the possession of land by a free member of the tribe (as
the " trinoda necessities " of the early English Law), not a
feudal service due to the chief of the tribe. The contra-
dictory glosses upon this passage prove that the commentators
were unable to explain the point of the division, and that
the condition of society had then materially changed since
the date of the original text The note to this passage,
printed at the foot of page 17, shows how the later commen-
tators had lost the correct traditions of the law, and
preferred the display of a scrap to genealogical information
the Sjnodfl,** where the memory of the chief actor was perpetuated in the name
Pupall AdhtrnhnatHj or " PavillloD of AdamnaD,** ^-hich was given to a portion of
the space; also in the Suidhe Adharnhntuji^ or Adamnan's chair; the Dumha
Adhamhnain^ or Adamnan's mound ; and the Cros Adharnhnam^ or Adamnan'a
cross, situated at the east of the Kath. This tno|\t>atl» or *' convention general,"
was held, as a semi-Iegcndary record states, at the instance of Adamnan, for the
purpose of procuring a national enactment exempting women from war and etpe-
ditions.** *' Reeve's Life of St Columba," p. 1.
In reUition to this law the following passage occurs in the *'Vi^on of
Adamnan," which is preserved in the "Lcabhar Breac": — ^**It was this precept,
too, which was preached in the great convention of the men of Erin, when
Adamnan*s rule was put on the Gaedhil, and when women were made free by
Adamnan, and Fmachta Fledach, son of Dnnchadh, son of Aine Slainc, the King of
Erin, and by the men of Erin also. For it was alike that men and women went
into battle, and into conflicts, until the Rule of Adamnan was imposed."
** It is to be regretted that we have not a more historical account of the institu-
tion of this law than the following, which is taken from the Leabhar Breac and
Book of Lecan : — * Adamnan happened to be travelling one day through the plain
of Bregia with his mother on his back, when they saw two armies engaged in
mutual conflict. It happened then that Ronait, the mother of Adamnan, observed
a woman, with an iron reaping-hook in her hand, dragging another woman out of
the opposite battalion, with the hook fastened in one of her breasts ; for men and
women went equally to battle at that time. After this Ronait sat down, and said,
* Thou shalt not take me from this spot until thou exemptest womcu for ever from
being in this condition, and from excursions and hostings. Adamnan then
promised that thing. There happened afterwards a convention (moft'Dail) in
Ireland, and Adamnan, with the principal part of the clergy of Ireland, went to
that assembly, and he exempted women at it" (Petrie's Tara, pu 147.) Reeves*
Life of St Adamnauy p. 179, note. It seems that Adamnan took occasion of a
great religions revival to ameliorate the condition of the Celtic woman, and that
the reform thus effected was considered as one of the great events, as it un-
doubtedly was, in early Irish history. The celebrated judgment of Brigh,
certainly the rules embodied in this tract, cannot have been of an earlier datei
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ilvi INTRODUCTION.
to the intelligible explanation of their text Evidently for
the purpose of getting in the names of her brothers, it is
stated that she claimed against her brothers ; the author of
this cannot have understood the first line of the original text
which is very clearly explained in the gloss; and the
possibility of an adverse claim by a sister against brothers
in respect of land derived either through the maternal or
paternal side, is absolutely at variance with the express
rule'laid down in the commentary, page 15, line 33.
When the authentic tradition of the custom was once
affected by the changes in the existing modes of life and deal-
ing with property which must have arisen from the political
convulsions to which the Irish Celtic nation was subjected
during the historic period, the Brehon lawyers had no definite
and abstract legal principles to guide them, and the analogies
which they may have discovered in the Ecclesiastical and
English systems, with which tliey came in contact must have
been essentiaUy misleading. There is, therefore, no reason to
doubt the fact, which is patent upon the face of their writings,
that the Brehon lawyers found much difficulty in dealing
with the ancient texts, and have annexed to them the most
varying and contradictory explanations.
In most early customary laws the validity of any tmns-
action usually depended' upon the performance of some
prescribed mode of stipulation ; the following passages are,
therefore, wortJiy of notice as indicative of a very modern
and equitable mode of viewing the essence of the transfer
of property: " (As to) the person who buys without stealing
or concealment, with purity of conscience, it (the subject
matter of the lourchase) is his lawful property, according to
God and man ; if his conscience is free, his soul is free."*
There is in this passage an assertion of the doctrine of a
purchase for valuable consideration without notice, and the
title of the purchaser is refen*ed to his moral condition at
the date of purchase, not to the fulfilment of the requisite
ceremony of purchase. The same idea is evident in the
following passage, also : " Except the covenants which are
forbidden by the Feini, nothing is due without deserving
. ♦ Page 33.
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INTRODUCTION. xlvil
it, for every contract, which is unsafe, is entitled after
nuptial present according to the firehon, except in case of
poverty, or prohibition, or want of power "*
In this passage there are involved the doctrines of consi*
deration as the necessary basis for a contract, of purchase for
valuable consideration and part performance, and of the re-
scission of the contract by an inequality in the condition of
the parties which in equity would now cause an agreement
to be set aside, or specific performance to be refused. In
the latter portion of this paragraph " poverty " must mean
such pressure of poverty upon one of the contracting parties
as would prevent his acting as a perfectly' free agent; and
"prohibition," according to the gloss, the fact of notice affect-
ing the purchaser that the vendor has no equitable title ;
" want of power " is explained as duress, or influence of a
moral or immoral character.
There are other passages in this tract which lay down in
a direct manner the ancient theory of society that the
individual exists only as a member of some recognised
community and therefore that his contracts are always
subject to rescission by the head of the community to which
he belongs. "There are four covenants which are. not
binding, though they [the parties) are proceeded against;
that of a bondman with his chief; o/a son with his father;
of a monk with his abbot; of an "ulach" person with another
if alone. For the chief, and the tribe, and the church miay
redeem (rescind) every good contract, and every bad contract
which are made with their subjects, except what they
themselves order them ; for these are the three defective
covenants mentioned by the Feini ; the covenant with the
subject of a church ; the covenant of a servitor of a chief;
a covenant with fugitives from a tribe." t The principle
here laid down is clear and distinct^ but even at the
date of the original text it had become modified by the
application of equitable principles, for the "passage concludes
thas: "They are bound not to be remiss about covenants,
♦Page 69.
t Page 55. This statement, or one almost identical, is frequently repeated In
the Brehon Law Tracts.
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Xlviii INTRODUCTION.
because if they should be remiss about covenants, then
they do not annul the covenants of their subjects," which is
an application to the case of the equitable doctrine of laches.
This passage is followed by a very obscure paragraph
dealing with what are styled " ternal covenants" not agree-
ments in our sense of the word but the legal results arising
from the acts or omission of three pei-sons in a certain
relation. It is suggested that the passage may be illustrated
thus ; A contracts with B that the latter should do something
affecting C, or which C may forbid to be done, and C having
notice of the transaction does not interfere; and thereupon by
reason of C's omission to do so the contract becomes binding
upon him. This principle, (if our explanation of the passage
is correct), is an excellent example of the equitable doctrine
of *' acquiescence."
The latter portion of this tract must be considered as a
mere common place book of some Brehon, who wrote out in
the blank pages which followed the firsc part, a number of
independent dicta, as he learnt them, or ^s they occurred to
his memory ; very few of these rules have any connection
with the subject-matter of the original work ; there is little,
if any, sequence of thought, and they manifestly are of very
different origin in point of date ; this latter portion is how-
ever valuable both on account of the very ancient rules as
to the succession to land which are hero preserved, and as
illustrating the extent to which the ancient law was modified
by equitable principles, a result doubtless attributable to the
indirect influence of the civil law.*
♦ "They speak Latin like a vulgar language, learned in their common schools of
leachcraft and law, thereat they begin children and hold on sixteen or twenty
years, conning by rote the aphorisms of Ilippocrfltes and ihe Civil Jrutifuteitj and
a few other parings of these two faculties. I have seen them where they kept
school, ten in some one chamber, grovelling upon couches of straw, their books at
their noses, themselves lying prostrate, and so to chant out their Ltzons by piece-'
mealy being the most part lusty fellows of twenty-five years and upwards."
Jfidd. ** Campion's account of Ireland," page 18 (a.d. 1571).
Ur. Prendergast goes so far as to speuk of the Brehon as giving ** his Judg*
ment according to the Brehon Code, formed partly of Irish cusloms, and partly
of maxims culled from the Komau jDiycs/." (The Cromwellian Settlement, 2nd
edition, p. 15.) This is an exaggeration, fortunately for the antlquaiiaa value of
the Brehon Law Tracts.
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INTRODUCTION. xKx
m.
. The "Fine" and the "Geilfine" System.*
la all the Brehon Law Tracts there are references to an
existing organization, generally known as the Geilfine
system, and to the four classes designated as the Geilfine,
Deirbhfine, larfine, and Indfine.t No distinct explanation
of the system is anywhere given by the writers of these
tracts, but it is evejywhere assumed as existing, and of so
well-known and notorious a character that it did not seem
to our authors necessary to state its details or to lay down
the rules by which it was governed. That it was familiar,
or assumed to be familiar, to the students of these works is
proved by the figurative use of the terms primarily indicating
the members of this system as indicating certain definite
relations of place ; remarkable passages of this nature occur
in the "Bee- Judgments"* and the " Right to Water."§ It is
obviously impossible to understand the scope or meaning of
many of the rules contained in the original text, or of
passages in the commentary, without forming some clear
conception of this peculiar organization of individuals as-
sumed throughout, as pre-existing, and endeavouring to define
the technical terms connected with this system, which so
often occurs, used sometimes in a primary, and sometimes in
a secondary sense. In the Book of Aicill, published in the
last volume of the Brehon laws, there occurred a very
remarkable passage, explanatory of the mode in which
property was divisible among the members of a family in
* It was originally intended to have devoted a separate section of the Introdac* *
tion to each of the Tracts contained in this volume ; it was, however, discovered
in the progress of the work, that owing to the identity of the questions which arose
in certain of these Tracts, It was impossible to adopt this course without much
repetition of previous statements, or an embarrassing amount of cross references.
The sections III., IV., and V. of the Introduction are designed as dealing with the
questions which arise upon the Tracts entitled ** Of the Judgments of every Crime,
&c,** " The Land is forfeited for Crimes,** and " The Divisions of the Tribe of a
Territory," and also with the rules of succession contained in the first Tract in the
volume. The consideration of the remaining Tracts has been necessarily postponed
until after the discussion of the question of the "geilfine" system,
f This word sometimes appears as " Innfine*' or ** Finufiue.**
I p. 17S. § p, 207.
' d
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1 IKTRODUCTIO:^.
accordance with the rules of the Geilfine system,* and an
attempt was made in the Introduction to that volume, to
explain the rules laid down upon this subject in the commen-
tary upon the Book of AicilLt The explanation given by
the editors of the preceeding volume t>f the passage, witJi
which they were immediately dealing, has been to that
extent admitted to be correct by the various authors, who
have, since the date of the publication of the last volume,
written upon the subject ; and before any attempt to draw
further deductions from the additional information, which
is afforded by the law tracts now for the first time published,
it may not be inexpedient to reprint the passage in the
previous introduction dealing specially with this subject
''The most remarkable custom described in the Book of Aicill is
the fourfold distribution of the family into the 'geilfine,' 'deirbh-
fine,' ' iarfine,' and ' iudfine ' divisions. From both the text and
the commentary it appears that the object of the institution did
not extend further than the regulation of the distribution of tlieir
property. Within the family seventeen members were organized
in four divisions, of which the junior class, known as the ' geilfine '-
division, consisted of five jxii-sons ; the * deirbhfine* the second in
order, the ' iarfine ' the third in order, and the ' indfine ' the senior
of all, consisted respectively of four pei^sons. The whole organ-
ization consisted, and could only consist of seventeen meml>ers.
If any person was bom into the ' geilfine '-di\dsion its eldest
member was promoted into the * deirbhfine ' ; the eldest member
of the ' deirbhfine ' passed into the ' iai^fine ' 3 the eldest member
of the ' iarfine ' moved into the ' indfine ' ; and the eldest member
of the 'indfine' pa.sscd out of the oiganizatiou altogether. It
would appear tliat tliis transition from a lower to a higher grade
took place upon the introduction of a new member into tlie ' geil-
fine '-division, and therefore depended upon the introduction of
new membei'S, not upon the death of the seniors. The property
held by any class, or by its members as such, must have been
held for the benefit of the survivors or survivor of that class ; but,
upon the extinction of a class, the property of the class or of its
members as such passed to the surviving classes or class according
to special and very technical rules.
" On the failure of the ' geilfine '-class, tliree-fourths of its pi-o-
♦ p. 330, t p-cxxxix.
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INTRODUCTION.
li
perty passed to the Meirbhfine/ tbree-sixteenths to the Marfine/
and one-sixteenth to the ' indfine '-class.
" On the failure of the * deirbhfine '-class, three-fourtLs of its
property passed to the ' geilfine,* three-sixteenths to the * iarfine/
and one-sixteenth to the 'indfine.'
, " On failure of the * iarfine '-class three-fourths of its property
passed to the 'deirbhfine,' three-sixteenths to the * geilfine/ and
one-sixteenth to the < indfine.'
" On faUure of the ' indfine,' three-fourths pf its property passed
to the ' iarfine,' three-sixteenths to the ' deirbhfine,' and one-six-
teenth to the ' geilfine.'
''On failure of the 'geilfine' and 'deirbhfine '-classes, three-
fourths of their property passed to the ' iarfine,' and one-fourth to
the 'indfine.'
" On failure of the ' indfine ' and ' iarfine,' three-fourths of their
property passed to the ' deirbhfine,' and one-fourth to the ' geilfine.'
"On failure of the 'deirbhfine' and 'iarfine '-classes, three-
fourths of their property passed to the ' geilfine,' and one-fourth to
the 'indfine.'
" On failure of the 'geilfine' and 'indfine,' three-fourths of the
property of the ' geilfine ' passed to the ' deirbhfine ' and one-fourth
to the ' iarfine ' ; and of the property of the * indfine,' one-fourth
passed to the ' iarfine,' and one-fourth to the ' deirbhfine.'
"Two possible combinations of two extinct classes, viz. : — ^the
'geilfine' and 'iarfine,' and the 'deirbhfine' and 'indfine,' are.
omitted from the commentary. It would appear that upon the
failure of any two classes the whole organization required to be
completed by the introduction of a sufficient number into the
' geilfine '-class and by promotion carried on through all the classes
upwards; and if there were not forthcoming sufiicient persons io
complete the organization there was no pai*tition among the sur-
viving two classes, but the property went as if the deceased were
not members of an organization at all. The rules as to the dis-
tribution of property upon the extinction of any one class or of
any two classes may be undeiistood from the annexed diagram.
lSt4567 8 (9) (101
IndAne,
16
1
]
1
0
8
0
8
0
0 4
4
Iarfine, .
16
S
8
0
12
24
0
0
4
12
17] 4 1 12
12
Deirbhfine, .
16
12
0
12
3
0
24
0
12
4
0 1 0 .
Geilfine,
16
0
IQ
8
1
0
8
24
0
-rp
0
The rule upon which the distribution of the property of such
an organization depends appears clearly from the above diagram.
d2
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lii IKTRODUCTION.
Let it be assumed that eacli class possesses property represented by
the figure 16. The class or classes extinct are denoted in the
subsequent columns by a cypher, and the distribution of the pi-o-
perty of the extinct class or classes is indicated by the numbers
set opposite the names of the surviving classes. Three-fourths of
the property of any extinct class pass to the next junior class, and
in default of any junior surviving class, to the next senior class.
The remaining one-foui-th is treated in the same manner. If,
exclusive of the class which has received its share, there remains
but one class, the residue passes to that class, but if two classes
survive, three-foui-ths of the residue pass to the next junior class,
and, in default, of such class, to the next senior class ; and the residue,
one-fourth of a fourth, or one-sixteenth of the entire, goes to the
remaining class. If two classes become extinct, the propci-ty of
each is distributed according to this rule, in which case, if the
two classes which become extinct are next to each other, the dis-
tribution of the propei-ty of both ia identically the same ; but if
the extinct classes are not next to each other, the proj)erty of each
is distributed to the remaining classes in varying proportions.
It is evident from the commentary that the original principle,
however it arose, had been forgotten, so that the distribution con-
tained in column 8 of the above diagram is very awkwardly ex-
pressed, and the cases in columns 9 and 10 are altogether omitted.
The meaning of this very artificial arrangement appears from the
following passage : — * If the father is alive and has two sons, and
each of those sons has a family of the full number — i.e., four — it
is the opinion of lavyyera that the father would claim a man's
share in every family of tliem, and that in this case they form two
* geilfine '-divisions. And if the proj^erty has come from another
place, from a fiimily outside, though there should be within in the
family a son or a brother of the person whose property came into
it, he shall not obtain it any more than any other man of the
family.' From this it apjjears that the whole organization existed
within the family, and consisted of the actual descendants of a
male member of the family, who himself continued in the power
of the head of the family. As soon as a son of the liouse had
himself four cliildren, he and his four cliildren formed a 'geilfine *-
class, and each succeeding descendant up to the number of seven-
teen was introduced into the artificial body. The entire property
exclusively belonging to this family within a family was confined
to the members of the organization until the numl>er exceeded
seventeen, when the senior member lost his rights to the sepamto
estate, i-etainiug those which ho possessed in the original family.
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INTRODUCTION. Yui
''This arrangement most be regarded as an invasion of the
aix^aic form of the family, and an introduction pro tanto of the
idea of separate property. How or when the system arose we
have no information, but arrangements equally complicated have
been elaborated in the evolution of customary law.
" If it be admitted that the parent and his first four children
(or sons) form the original * geilfine '-class, it may be conjectured
that the term ' geilfine '-chief, so often occurring in the Brohon
law, indicates a son of the head of the family, who has himself
begotten four children (or sons), and thus founded as it were a
family within a family ; and further, that, as upon the death of
the head of a family each of his sons would become the head of a .
new family, the ' geilfine '-relationship in such an event would
disappear, and its members would resolve themselves into a family
organized in the normal manner. It may be conjectured that the
parent always continued in the * geilfine '-class, and that therefore
it contained five members, although the other classes comprised
four only, and that hence was derived the peculiar title of * g&l-
fine'Hjhief,"
In this passage the system was accepted as a very singular
institution, regulating the distribution of the property of a
family ; no attempt was made to account for the existence
of rules so unusual, although it is obvious, that the mere
existence of rules so complicated and in themselves so
unreasonable must be referable to some anterior social
system, as is the case with the rules of the English law
dealing with the succession of real estate. Three distinct
theories as to the origin and working of this system have
been published since the date of the last volume of the
Brehon Law Tracts, by Sir H. S. Maine in his Lectures on
the Early History of Institutions ; by Dr. W. K. Sullivan in
his introduction to the Lectures of the late Eugene O'Curry ;
and by Mr. J. F. M'Lennan in an appendix annexed to the
last edition of his work upon Primitive Marriage, and
entitled the " Divisions of the Ancient Irish Family."
So numerous and important are the references to the Geil-
fine system in the tracts comprised in the present volume, so
radically does this system underlie the organization of the
family, and tbQ succession to land, to illustrate which, the
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liv INTRODUCTION.
majority of tho tracts now published have been specially
selected, that it may not be considered an abuse of tho
restricted duties of an editor to explain the views upon this
subject put forward upon such distinguished authority,and to
state the objections to the reception of any of them in its
integi'ity, before an attempt is made to propound a theory
of the origin and working of the system, wholly deduced
from the Brehon Law Tracts themselves, and which, al-
though not in itself to be assumed as coiTcct, as no
modern explanation of so archaeic an institution could claim
to be, is at least consistent with the authorities and in itself;
and affords a key to the rules as to the succession to land,
scattered throughout the present volume.
The views of Sir H. S. Maine upon this subject are clearly
put forward by him in the following passages selected from
his work :
"Any member of the joint-family, or sept, might be
selected as the starting point, and might become a root from
which sprang as many of these gioups of seventeen men
as he had sons. As soon as any one of the sons had four
childien, a full Geiltine sub-group of five persons was foimed;
but any fresh birth of a male child to this son or to any of
his male descendants, had the cfTect of sending up the eldest
member of theGeilfine sub-group, provided always he were
not the person from wliom it had spnmg, into the Derbhfine.
A succession of such births completed in time the Derbh-
fine division, and went in to form tho larfine, and the Ind-
fine, the After and the End-families. The essential principle
of the system seems to me a distribution into fours. Tho
fifth pei-son in the Geilfine division, I take to be the parent
fi-om whom the sixteen descendants spring, and it will be
Been, fi'om the proviso which I inserted above, tliat I do not
consider his place in the organization to have been ever
changed. He appears to be referred to in the tracts as the
Geiltine chief.*
" The Irish family is assumed to consist of three groups
of four persons, and one gi'oup of five persons. I have
• Earljr History of Institutioiw, p. 210..
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INTRODUCTION. . Iv
already stated that I consider the fifth person in the
group of five, to be the parent from whom all the other
members of the four divisions spring, or with whom they
are connected by adoptive descent. Thus the whole of the
natural or adoptive descendants are distributed into four
groups of four persons each, their rank in the Family being
in the inverse order of their seniority. The Geilfine group
is several time stated in the Brehon Law to be at once th^
highest and the youngest.
" Now Mr. W. Stokes has conveyed to me his opinion
that * Geilfine ' means ' hand-family.' As I have reason to
believe that a difierent version of the term bas been adopted
by eminent authority I will give the reasons for JMr. Stokes*
view. * Gil ' means ' hand ' — ^this was also the rendering of
O'Curry — and it is in fact the Greek x^V- In several Aryan
languages the term signifying 'hand' is an expressive
equivalent for power, and specially for Family or Patriarchal
Power. Thus in Greek we have vnoxiipioc and x^P^^y for
the person under the hand. In Latin we have lierua
* master/ from an old word cognate to x^^P \ ^^ have also
one of the earliest cardinal terms of ancient Roman Family
Law, Tnanus, or hand, in the sense of Patriarchal authority.
In Roman legal phraseology the wife who has become in law
her husband's daughter by marriage is in manu. The son
discharged from Parental Power is emancipated. The free
person who has undergone manumission is in mandpio^
In tke Celtic languages we have, with other words, ' Gilla/
a servant, a word familiar to sportsmen and travellers in the
Highlands, and to readers of Scott in its Anglicised shape
'Gillie.'
"My suggestion, then, is that the key to the Irish distri-
bution of the Family, as to so many other things in ancient
law must be sought in the Patria Potestas.* It seems to
me to be foimded on the order of emanciption from Parental
• The use by Sir H. S. Maine of the term ^^ patria potesku^ ia very infelici-
tous as basing bis theory 'upon a doctrine of the Boman Law, vhich their own
lawyers admitted to be peculiar and exceptional. The more general term *^ head-
ship of the joint honfle " may, however, be substituted for it without injury to the
argument
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Ivi INTRODUCTION.
Authority. The Geilfine, the Hand-family, consists of the
parent and the four natural or adoptive sons immediately
under his power. The other groups consist of emancipated
descendants,, diminishing in dignity, in proportion to their
distjince from the group, which according to archseic
notions, constitutes the true or representative family.
" The remains, which we possess, of the oldest Roman Law
point to a range of ideas very similiar to that which appears
to have produced the Irish Institution. The family under the
Patria Potestas was, with the Paterfamilias, the true Boman
Family. The children who were emancipated from Paternal
Power may have gained a practical advantage, but they
undoubtedly lost in theoretical dignity. They underwent
that loss of status wliich in ancient legal phraseology was
called a capitis diminuto. We know too that according
to primative Roman law they lost all rights of inheritance,
and these were only gradually restored to them by a
rclativelymoderninstitution,theequity of the Roman Praetor.
Nevertheless there are hints on all sides, that, as a general
rule, sons as they advanced in years were enfi-anchised from
Paternal Power, and no doubt this practice supplies a partial
explanation of the durability of the Patria Potestas as a
Roman Institution. The statements therefore which wo
find concerning the Celtic Family would not be very un-
true of the RomaiL The youngest children were furst in
dignity."*
The entire geilfine system rests according to this view upon
the 2^^^^^i<^ potestas of the original progenitor without any
reference to common property; the members are those up
to the number of sixteen, who are the subject of the ixdria
potestas, whether sons or remoter descendants, either by
actual descent or adoption, and irrespective of age or the
possession of property. It may be inferred that in Sir H.
S. Maine's opinion the existence of the common ancestor
is essential for the maintenance of the system, and that he
regards aU the members as living at the same time.
The theory of Dr. W. K. Sullivan is very different, and
is contained in the following passage of his work ;
!* Id-, p. 216.
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INTRODUCTION. IvU
•*The whole Fine Dvihaig included several stages of
ooBsanguinity ; — (1) the Oind/ine or children the sons having
the foreright ;— (?) the Bruindfine, from bruindj the womb,
the sons and daughters of heiresses or daughters of the
Gradh Fine, or nobility inheriting property in their own
right ; (3) the Oelfine, which seems to have been sometimes
used for all relatives to the fifth degree, and sometimes
for the relatives to the fifth degree exclusive of the direct
heirs. Those constituted the family in the strict sense of
the word. From the gelfine branched off, (4) the Derbfine,
which included relatives from the fifth to the ninth degree ;
(5) the larfin^, or relatives from the ninth to the thirteenth
degree; and (C) the Jndfine, or relatives from the thirteenth
to the seventeenth degree. Beyond the latter degree, the
Fine merged into a DiUhaig Daine, that is, the nation at
large, who were not entitled to a share of the Dibad, or
property of deceased persons, or liable for the payment ,
of fines or americaments on account of crimes, etc., except
those of their own special Fin^, within the recognised
degrees of consanguinity. The Oeljine were the represent-
atives of the rights and liabilities of the family or house ;
they formed a kind of family council styled Cuicer na Fine,
or the five Oiala, or pledges of the family. As they re-
presented the roots of the spreading branches of the family,
they were also called the cuic mera iia Fine, or the five
fingers of \AiQ Fine. When property, in default of direct
heirs, passed to collateral heirs, the Gelfine received the
inheritance in the first instance, aud assumed all the
responsibilities attached to it In default of relatives of
the fifth degree, the property passed to the representatives
of the other Finest*
This opinion of Dr. W. K. Sullivan has been adopted
by Mr. VV. E. Heam, who after citing the Welsh rule of
inheritance, viz., " The ancestors of a person are his father,
and his grandfather, and his great grandfather ; the co-
inheritors are his brothers, and cousins, and second cousins,"t
* Mftnnen and Customs of the Andent Irish, Vol. I., p. olxiii.
t Andeat Laws of Walsa, YoL II., p. 427.
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Iviii INTRODUCTION.
proceeds thus : ** We may observe, I think, a similar case
in the difficult case of the Irish Fine. .The ingenuity
of the Brehon professors multiplied distinctions which
are not found in the laws of other countries, and it is
not easy distinctly to understand their. writings on this
subject. I venture however to suggest that 'Fine/ like
Familia, was. used in various senses, and included both the
more limited and wider bodies ; that of the si^ kinds of
Fine enumerated in the Brehon Laws, the first three include
the Sui heredes and Agnati, and that the remaining three
are subdivisions, how far practically, important we canno,t
tell, of the- Gentiles, The Geil-fine included the fifth
descent, which, if the Ego were not counted, brings us to
the sixth descent as in other cases. The other three Fifties
taken together, extend to the seventeenth degree, at which
point all traces of kinship are assumed to be lost/'*
If this view, be correct the Geilfine system is simply a
mode of calculating kinship ; the GeiUine has no existence
as a social entity ; the particular Fine in which any indi-
vidual should be classed depends altogether upon the person,
who is assumed as the stirps ; it would also seem that the
five members of the Qeilfine class, and the four members
of the other three classes are not considered by these authors
as " individuals" but as successive generations^ and that the
original ancestor is altogether excluded ; and it also must
manifestly follow that the members of the four chisses could
not possibly co-exist.-|-
• The Aryan Household, p. 173.
t Attthorsi who speak of property as beiog divisible among relations in the
serenteenth degree, cannot have considered the difficulty, or impossibilit}' of ascer-
taining kinships so remote, or the consequences which would probably result could
all the relatives of this remote degree be once ascertained. It would be nccessar}",
lor such purpose, to trace up seventeen male descents for the purpose of discovering
the stirps, and in the second place to complete the requisite genealogical table of
all the male descendants of the stirps throughout seventeen generations downwards.
The stirps, upon the ordinary average of human life, must have been dead
upwards of 500 years, and there is no existing noble or royal family in which this
inquiry could be attempted with any prospect of success.
Thus the relatives in the seventeenth degree of the Count de Chambord include
all the descendants of Louis, the first Duke of Bourbon, son of Robert of Clare-
nonti and grandson of Saint Louis, who died in a.d. 1341. Those of the present
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INTRODUCTION.
Ux
The theory of Mr. M'Lennan upon this subject is different
in every respect from those of Sir H. S. Maine and Dr. W.
EL Sullivan. The two cardinal assumptions upon which he
proceeds are, (1) that the terms geilfine, derbhfine, iarfine
and indfine are correlative, and that, therefore, the four
classes of the system must exist from the inception; (2)
that the arraugement was founded upon the possession/
and intimately connected with the distribution of property ;
(3) and that the members of the groups included only
certain of the members of the family.
The geilfine system according to this view originated in
the existence of fcya/r persons, related in the same degree to
the original stirps; each of whom was the primary mem-
ber of one of the four classes, and as a necessary result the
Father or atirpa was excluded from the organization, and
the subsequent members of each class were the lineal
descendants of the original member of that class.
" If we conceive one of the organizations, initiated as in
the case pronounced upon by the lawyers, to be completed
(1) through the death of the Father, and his two sons leaving
a set of four grandsons in their places, each as the eldest
member of his division ; and (2) through the filling up Of
the divisions by the birth of descendants to the several
grandsons, the following table will then represent the
organization : —
Indfine.
larflne.
Deirbhfina
Geilfinei
A"
A«
A«
A*
Fathen and BrotlMnk
B>
B«
B«
B*
Sons and First Omslns.
C>
C«
C»
C*
Grandsons and Second Cousins.
D»
D«
D«
D*
Great Grandsons and Third Cousins.
—
—
—
E4
Great great GrandsonSi
German Emperor indade all the descendants of Frederick IV., Burggraf of
Kumber& who died in 1832. As to their probable nnmbiir when diseorered, it is
a matter of geometrical progression. If we consult the pedigree of David it will
appear that, as seventeenth in descent from Ren, he counted among his relativea
within the seventeenth degree the entire nations of the Jews» Edomitei^ Ishmaelites,
Moabites, Ammonites, Midianitesi and several others.
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IX INTRODUCTION.
"The seniora of the division are A^, A', &c., the brothers
who constituted the 'family of the full number, i,e,, four';
and the other men in the divisions along with them respec-
tively, are their first-born sons, grandsons, &:c. A* is the
eldest of the four brothers. A' the next eldest, and A* is the
youngest. The following features of the system now
become intelligible: —
" 1. It is at once obvious why it is said the geilfine divi-
sion is the youngest, and the indfine division is the oldest.
" 2. We can see a reason why, as a rule, there should bo
four men only in a division, and why there should be a fifth
man in the geilfine division. The age of marriage among
the ancient Irish was seventeen years — the age for finishing
fosterage. Thus A^ would be at least fifty- four years old
before his great grandson D^ would be born ; he would be
between eighty and ninety years old before E* could have
a son ; which would be the signal to A^ to 'go out of the
community.' As a rule then, there could be only four
generations of men in existence at a tune, and represented
in the divisions. The fifth man, or rather boy, in the
geilfine division must have been added to postpone the
going out 'into the community * of the senior of thie indfine.
When he went out, he became, as we shall see, a pensioner
on his division, and were he to go out when E* was bom, he
might be a charge on that division for a tenn of years.
Before E* could have a son, however. A* would be a very
old man. Indeed, the 'going out* must have been rare.
The law, however, provided for it, as it did for the divisions
not being full, and even for their becoming extinct. What-
ever the purposes of the organization were, the existence of
the whole number of the seventeen men was not essential
to them, and in tiie eye of the law a division existed so long
as there was one man in it (Senclius Mor, Vol. III., p. 333).
" 3. So far as the organization was an artificial institution,
it may have been a sufficient reason for limiting the number
of divisions to four, that there were four men only in a
division. More probably the reason was that four was, on
the average, the full number of sons in a family.
" 4. Wo have a clue to the ' self-acting principle,' as Sir
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INTRODUCTION. Ixi
Henry S. Maine aptly calls it, according to which the oldest
member of each division passed into the next, on a new
man ' coming up ' into the geilfine division. Among the
Irish the next brother, or other nearest male agnate next in
seniority to a deceased chief, succeeded to the chieftaincy in
preference to a son. We can, therefore, understand how
they should provide for the succession of brother to brother,
in order of seniority, in the headships of divisions ; and
failing brothers for the succession of cousin to cousin (of
the same class) in order of seniority. It accords with this
succession law that when A^ ' went out,' A' should succeed
to him as head of the indfine division, that A' should
succeed A* as head of the iarfine, and A* succeed A* aa
head of the derbhfine. But we saw that before A^ went
out he would be very old. Before another 'going out'
could occur through the birth of a grandson to E* the
brothers would certainly be all dead, and the first cousins,
B*, &c., would be the heads of divisions. It would be next
B^*s turn to go out, and he would be succeeded in the
headship of the indfine division by B' as the cousin next
in seniority ; and B* being succeeded by B', and B* by B* all
the seniors would be promoted as before. By the fourth occur-
rence of such an occasion it would be D^'s turn to go out; if, in-
deed, before then the organization had not collapsed through
the extinction of divisions and want of men to reform them."*
In a subsequent passage Mr. M'Lennan explains the mode
in which this system would work as a quasi-entail of the
family lands. " The most simple way of regarding the rules
established for the fourfold organization, in order to see how
they operated as a succession law, is to conceive it to be
started by four brothers. A*, A^, &c., on the death of their
father, leaving to them ancestral lands, which had come to
him as next-of-kin, and which, at common law, they were
entitled to divide equally between them. Thus regarded,
the arrangement operated, in the first instance, as a settle-
ment of the respective shares of the brothers on their heirs of
line, the survivors, or survivor of them, as far as great grand-
sons. When a son B appeared, A shared the division lands
* Primitire Mairlage, 2nd edition, page 472.
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ixii INTRODUCTION.
with him; when a grandson appeared, they were shared
ligain between the father, son, and grandson ; and they were
finally redistributed on the appearance of a great grandson.
After this there were redivisions as the men in turn died,
till, they all being dead, the land was shared in the propor-
tions specified between the remaining divisions. The chief
peculiarities of the system, it will be seen, are (1) that it
stopped succession in the direct line, except in the geilfine
division at great grandsons ; (2) that the principle of primo-
genitui^e appears in the formation of the groups of co-inheri-
tors and parceners ; and (3) that a life-tenancy only was
given to any heir. To comprehend the working of the
system, we must thinlc of the four brothers as having one
or more brothers who shared with them the lands on the
death of their father, but remained outside the organization.
These, I conceive, were the men of the family with their
•descendants, or whose descendants, if they were dead, might,
on the extinction of one or more divisions, enter the organ-
ization by forming new divisions. If the indfino, for
-example, became extinct, the iarfine would become- the
indfine in the reformed organization, the deirbfine, the iar-
fine, the geilfine, dropping the odd man, would become the
deirbfine, and the next eldest brother to A*, with his de-
scendants, would become the new geilfine division. The
new divisions would enter with a share of the ancestral
lands equal to that possessed by the others, except so far as
the others had their shares increased by the distribution
between them of the lands of the indfine. And thus the
organization would continue, confining the lands to great
grandsons, till it collapsed through the extinction of two of
the lines and the failure of men of the family to reform it.
The succession law acting no longer, the lands of the extinct
groups would then go to the next-of-kin, and be subject to
the common law of 8ucces.^on, whatever that was, till the
lands were again resettled by the formation of a divisional
organization."*
It is to bo observed that Mr. M'Lennan clearly distin-
* I'runitive Marriage, 2nd edition, page 496. It ia lo be observed that the
technical terma used are those of Scotch, not of EnglUb, law.
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INTRODUCTION, Ixiii
guisbes between the suctual existing form of any legal oigan«
ization, and the legal theory by which auch form is deter-
mined. He does not assert that the Irish * finel as a rule,
was oiganized as a complete geilfine system, but proposes
his theory as the abstract system of the Brehon lawyers,
upon which, under certain circumstances, the 'fine* woidd be
organized so far as it went, and which it should assume if
fully developed. The English lawyer knows that the abstract
and complete form of the English manor is as purely ideal as
any Platonic archetype, but that the existing manors do, as far
as circumstances admit, present more or less resemblance, and
approach more or less nearly, to the theoretical manor de-
scribed in our Real Property text books. Mr. M'Lennan's
scheme however involves difficulties which he has wholly
failed to explain. Why should the ^ordinary rules for the
succession to land be suddenly arrested upon the birth of a
fourth son, and the shares of the several sons thereupon pass
in strict entail for three generations according to the law of
primogeniture ? Why should the succession in the case of
the geilfine division be extended to one generation farther
than in the case of the other classes ? and why should the
head of the indfine division remain in the system, although
he had himself a descendant in the fourth degree, but '* go
out " upon the birth of a descendant of his youngest brother
in the same degree ? Mr. M'Lennan assumes the four mem-
bers of each class to have held the original share of the first
' member of that division, as joint tenants ; and if so the
following questions must at once arise. If A^ goes out and
A^ must thereupon cease to be head of the iai^e division
and succeed A' as head of the indfine, and A' pass similarly
from the deibhfine to the iarfine, and A* from the geilfine to
derbhfine, does A* cease to be a joint tenant of his own
original share with B*, O, and D", and become a joint tenant
of the original share of A* jointly with B*, C*, and D*, and
is this process repeated in the other classes, so as to leave
the four junior members of the geilfine class sole tenants of
the original share of A^ ? and further if, upon the entire ex-
tinction of the indfine class, the geilfine class become in the
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IxiV INTUODUCTIOK.
'* formation of new • divisions " the derbhfine class, how is
the fifth man of the geilfine class got rid of? Mr. McLennan
simply says that in this case the geilfine division drops the
fifth man, but we must confess that such exclusion appears to
us as inexplicable as his original inclusion.
In dealing with a question such as the present, there is
nothing more misleading than analogies and assumed re-
semblances. Each of the three above-mentioned authors,
who have treated of this subject, has supported his theory
by reference to rules existing in other archasic systems of
law, which are more or less confidently stated as arguments
for the acceptance of the proposed theory as correct. But a
profitable comparison can only be instituted between two
known objects. An attempt to define the qualities of any
thing unknown by reference to the qualities of a known
quantity rests upon antecedent proof (more frequently the
suppressed assumption) of their identity. This argument
from tacitly assumed resemblances has been often in the
present day too far pressed, frequently with veiy unfortu-
nate results ; in dealing with an inquiry like the present, it
would seem to us that the fii-st step is to discover, as fcu* as
possible, what the actual texts with which we are dealing
say upon the subject, and to draw our conclusions from
them free, as far as may be, from those a priori ideas of
law, which, as incident to the form of society in which we
live, naturally influence our judgment ; and that when we
have arrived at some definite conclusions in this manner,
then, but not until then, the analogies and resemblances of
other system are useful for the purpose of testing the proba-
bility of the correctness of the results to which we have
attained, and as explaining or illustrating many points of
detail which at fii'st failed to attract the attention which
they deserved.
When an attempt is made to deduce, from the existing
remnants of the works of the Brehon lawyers, a consistent
theoiy of the organization of the ancient tribe and family,
there arises the obvious difficulty, that the documents, with
which we have to deal, are not the contemporaneous exposi-
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INTIIODUCTION. IxV
tion of an existing systein, and that we have no means of
arranging them according to the date of their production ;
even the original text and commentary of many of them are
separated hy long intervals of time, and exhibit ideas alto-
gether discordant. The earliest date of the original text, or
rather of the customary rules laid down in the original text,
is not, and probably cannot be, ascertained; the latest
commentaries and glosses are probably not earlier than the
16th century; they certainly cover a peribd extending from
-the Danish invasion to the reign of Elizabeth, during which
the country was exposed to continued war and confusion,
and subjected to all the political and social causes which
would naturally lead to the breaking up of the ancient tribe
and family system, and the substitution of the arbitrary
power of chiefs commanding bands of armed retainers for the
regular action of ancient and established custom.. The
analogy of other nations in a similar condition would natur-
ally lead us to anticipate that during this period the chiefs
were constantly gaining ground as against the rights of the
individual members of the tribe, and such would appear to
have been the case from the days of Conn Cetcorach to that
of the chiefs, who, in the 16th century, obtained from the
English Government grants of the tribe lands in fee or fee-
tail with the object of defeating the custom of Tanistry, or
of destroying the rights of the customary holders. The
original constitution of the tribe or family during such a
period gradually ceases to be an existing social fact, and
tends to become merely a rule for the distribution of property
upon death, after a fashion which would be strange and
inexplicable, if we did not understand it to represent a social
system which had for all practical purposes disappeared.
The distribution of property according to the Geilfine system,
as expounded in the commentary to the Book of Aicill, bears
the same relation to the original constitution of the */ine,' as
the rules of the English law, relative to the succession of
reial estate, bear to the feudal system, or as the distribution
of property according to the later Civil Law does to the
early Roman family. Those of the Brehon Law tracts, which
deal with the geiliine system as an arrangement of the tribe
e
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Ixvi INTRODUOTION.
or family, would seem therefore the more ancient and
authoritative with regard to the nature of that organization;
and it is worthy of remark that the differences, which exist
between what may be a jpjioj'i assumed to be the earlier
and later tracts, are just what might be anticipated to have
arisen under these circuinstances.
The most important document upon the subject of the
tribe and family organization is the tract entitled "Of the
Divisions of the Tribe of a Territory** published in this
volume, and we desire particular attention both to the text of
this tract, and the obvious deductions to be drawn therefrom.
The word translated tribe in the title of this tract is
"cinel," which is generally understood to mean a tribe in
the full extension of the term, and containing a greater or
less number of " families. "
The word translated "territory" means not a mere extent
of land, but primarily the tribe or people themselves, and
thence a tract inhabited by a definite body, and regarded
with reference to the rights of the occupants.
The word "^/i/i^," translated variously "tribe" or "family,"
(a circumstance which has been noticed as an error by some
critics of the present translation of the Brehon Laws,)
appears on the face of this document as not having any very
precise or technical meaning, implying any number of per-
sons conceived as forming a class whether from identity of
descent, or similarity of rights.
• This document must not be considered as a description
of the ordinarily existing tribe, but rather as an explana-
tion of the fonn' which a tribe would assume if fully de-
veloped in every direction. It is remarkable that this tract
.would appear to consider the tribe and family as commen-
surate, il not identical. It would be, however, an error to
consider that we must, from the tract in question, infer such
to be the case, a result contradictory of many other pa.^sages
in the Brehon Law tracts and opposed to all analogy .♦
The number of families in the Celtic tribe was never theo-
♦ TUe following passage is conclusive upon this jwint: " An ' ciVc Jf»w • be it
known ; a man who Icada his family Qfne *) when thoy arc on their way to the
chief C/a»M')/'— iVt, p. 349.
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INTRODUCTION: Ixvii
retically fixod, as were the number of the Roman gentes
or Greek f parcac ; and our author naturally deals with the
simplest case of the tribe consisting of one family, or^ which
is perhaps more probable, when he deals with the family,
he directs his attention to some one supposed instance.
The mode in which the tribe or family was organized
according to this tract, was as follows ; —
(A.) The *'jine " of the chief (flaithe-fine), consisting of —
(1) the chief's fuidkir tenants ; (2) the kinsmen of the
chief; (3) the dependents of the chief. • -
(B.) The divisions of the "fine" of the territory — (1) the
geilfine; (2) the deu-bhfine; (3) the iarfine; (4) the
innfine; (5) the deirghfine; (6) the duibhfine; (7) the
finetacuir ; (8) the glasfine ; and (9) the ingen ar meraibh.
The nature of the five latter divisions, as to which there is
no doubt, is of much importance in determining that of the
four first in the second part of this catalogue. The " dcirg-
fine" are described as those who have shed blood; from whom
no debadh property comes; who receive no share of the tribe
{"fine'*), but who nevertheless pay for the crimes of their
kinsfolk. Dr. W. K. Sullivan describes this class as consisting
of those " who killed, or attempted to kill the senior membeis
of their fine in order to get at their dibad, or property;"*
in this he follows Dr. 0*Donovan, who states, in the note
annexed to the text, that they were those who were guilty
of the murder of a brother familyman, i.e., one of the seven-
teen men of the four principal divisions. A permanent
division of murderers is indeed an anomaly in a tribe
organization, and there is a much simpler and more obvious
explanation ; in the present volume there is contained a tract
entitled '*The Land is forfeited for Crime," in which it is laid
down that the land of one who had committed a crime was
"given for his crime ;" that his land was the primary fund
for the payment of the "dire "-fine and compensation in
exoneration of those who by reason of their kinship, or
family relation, to the criminal, were bound to make good
his default. The deirgfine-man was one who by reason of
♦ Manners and CastomS|&c., Yol. I.» p. clxyi.
e2
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Ixviii INTRODUCTION.
a crime had forfeited his share in the property of the "/nc/*
but in other respects continued to be recognised aa a member.
The " dubhfine " were those whose claims to be members
of the ''fine'' were under dispute, and who were required
to substantiate their rights by ordeal, or by lot.
The "fine-tacuir " were not members by descent, but by
a contract of adoption.
The " glasfine " were the children of a female member by
a stranger, defined as the children of an Albanach, and
described as kindred from beyond the sea.
The " ingen ar meraib " were those commonly believed to
have claims to be members, but whose title rested merely
on common repute, and was not the subject of ordeal or lot
This term " ingen ar meraibh," literally " the nail on the
finger,'* may be similiar to the word " nngel kyn " as desig-
nating indefinite and indescribable relationship. It is to be
observed that these five latter classes consist of men not full
members of the "fioie" The "deirghfine," although members
by descent, had suffered a " diminutio capitU" and were not
in the enjoyment of full rights. Of the remaining four
, classes two were confessedly not members at all, and the
membership of the two remaining classes was either in
supense or unprovable. The four classes of the geilfinc,
&c., must therefore represent the members of the "fine *' of
admitted descent, and full rights. These classes are in this
tract described, as follows :
" The geilfine extends to five persons ; it is they that get the
*dehadh -property of every kindred chief (cond) who leaves
* dibadfi '-property.
" The * deirfine ' extend to nine persons ; their ' dibadh '-
property is not divided according to the number of kindred
heads.
" The ' iarfine ' extend to thirteen men ; they get only the
fourth part of the fines, or of profits, of the ground, or of
labour.
" The ' innfine ' extend to seventeen men ; they divide
among themselves, as is right, whatever part of the tribe-
land is left as ' debadh '-land."
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INTRODUCTION. Ixix
From this tract the following deductions may be safely-
made : (1) the organization of the *'fine " was based upon
the exclusive possession of land by the '^Jvnic " as a distinct
community, and had direct reference to the mode in which
the land was divided among them.
(2) The four classes of the geilfine, deirbhfino, iarfine, and
'innfine' consisted of seventeen members of the '^Jine** of
pure descent, and full rights.
(3) Each of these four classes was complete in itself and
possessed distinct joint rights both as against the other three
classes as well as against the general members of the "^in^.**
(4) The four classes of full members do not comprise all
the membei-s of the fine. The '* dubhfine " man, who had
succeeded in establishing his position in the "/in^" by ordeal
or lot did not enter into the "geilfine" classification, but
received a share of a fixed amount.
With reference to the " deirbhfino" division there is stated
a. rule that their property was not divided according to the
number of kindred heads ; it is possible that this may be
introduced to point out that as between the " geilfine " and
** deirbhfine " divisions, the two classes were to be considered
as different and equal stocks, and the " geilfine " had no
advantage in the division of property by reason of the
greater number of its members ; it would seem more
probable that this is a general rule to the effect that property
which passed to the " deirbhfine " class was to be divided
"per stirpes** and not ''per capita." This fact is put
beyond doubt by the passage in page 259 describing the
mode of the division of the " dire "-fine payable to the family
(and "fine " ) of a slain man : " Three cwmhals of " dire "-fine
go to the son and to the father ; there are three cv/mJiala
of *'<iir6"-fine remaining after that; a cwmhal of "cWr6"-fine of
them goes to a brother collaterally. — ^There is one 'curnhal*
oCdire* fine then after that— that is to be divided from
the lowest man of the ' geilfine ' division imtil it reaches
the uppermost man ; and from the uppermost man until it
reaches the lowest, &a" ►
A man therefore could stand in some relation to a
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ItX INTRODUCTION.
"geilfine" class, which did not include either-his existing
father, son, or brother, and from which we must assume
that he himself also was excluded. The same conclusion
must be drawn from the liability to pay fines. Upon this point
Mr. M'Lennan remarks : " That the divisional organization
was one of the divisions of the *fine^ or sept, appears from a
curious passage in the Book of Aicill (VoL III., p. 481) which
discusses the question fi*om whom a forced exaction, as in
payment of a penalty or fine, might lawfully be levied.
Here the ' .seventeen men ' are several times referred to as
specially liable to such an exaction if levied on account
of the crime of any man connected with them, in teims
which seem to imply that every tribesman had, necessarily,
a connexion with a divisional organization which was liable
for his defaults. In one place the text, which, as it stands,
reads as nonsense, must have been intended to indicate that
the distant relatives of the criminal were liable for him only
when the divisional organization was incomplete, or had
collapsed — ^a reading which is confirmed by the text. The
four nearest tribes bear the crime of each kinsman of their
stock, geilfine, fee. CSenchus Mor, Vol. L, p. 261.) Here
the connexion is disclosed between a tribesman, himself not
the member of a divisional organization, and the organiza-
tion responsible for him."*
The seventeen men must have exercised an authority and
rule over the other freemen, of the " /itie," or must have
filled some quasi representative position in relation to their
fellows. If the former were the fact it is improbable that
80 remarkable a difierence of status would have been passed
over by the author of this tract.
(5) The seventeen men are not represented as occupying
among them the entire territory of the '* fine," for there was
a surplus of land available for members of the '*dubk/ine*'
or of the " glasfine"
(6) The existence of the organization of the "fine," does
not seem to have been limited by reference • to the life
or lives of any person, or class of persons ; the existence
* Primitive Marriage, 2iid ed., p. 480.
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INTRODTTOTION, IxxJ
of such classes as the '^dubhjine" and the **ingen ar mmuHbh^*
the membei-s of whom were contemplated as possibly increas-
ing in number with the rest of the "fine"* prove that ['fine'[
so constituted had continued for very long periods.t . But
upon the completion of the four classes to their full number an
important change took place as to the rights of the members
of the **fine " in respect of their common property. The
words in thistract " From this forth it is acaseof acommunity
of people, it is then family relations cease/' are glossed as.
meaning that upon this contingency the subdivisions of land
and liability separate, or that the relationship becomes exr
tinct, or that the four families become extinct The meaning
of the glossist is quite clear, not that the previous members
of the "fine " cease to exist as individuals, but that the organ-
ization of the "fins " as far as relates to the mode in which
the common property is held ceases to exist and the commu-*
nity is dissolved into a number of persons holding the land
they occupied independently of each other and without rights .
of inheritance to the lands of each other. That this is the
correct interpretation appears from the passage in the first
tract in this volume, " From seventeen men out they are not
a tribe-community :t ^^^ the commentary upon that passage.
(7) The special geilfine class possessed a certain superiority
over the other three, and by some such title had an
exclusive right to extern property falling in, and as a
natural consequence according to the first principles of
Brehon law was also subject to a primary liability for tho
crimes of the members of the " fine. "
These results may be supplemented by some other con*-
elusions gathered from the tracts contained in the present
and preceding volume. . .
There was at the head of the *'fine" a chief who repre-
sented the "^ne" in its collective capacity.
In the Book of AiciU, in discussing the right to property
found upon roads, and the remedy for injuries done to roads,
a distinction is drawn between the king of the territory,
and the geilfine chief, in this passage distinctly described as
♦Page 295. f VoL IV., p. 248, J Page 89.
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Ixxii INTRODUCTION.
the "geUfine flaitli"; and the latter is treated as represent-
ing the rights of the *'jiiie " as the former those of the entire
community.* The "geilfine" chief of this passage would
appear to be the same as the "fair chief of the tribe" whose
assent was requisite to the validity of contracts dealing with
*'coibne-property '*;t and also with the "head of the tribe *'
who had certain rights in the nuptial presents of women of
the tribe, and the gains of an harlot a member of the tril)e.J
The "geilfine" chief was not always, it appears, necessarily a
member of the " geilfine " class, for in the second of the pas-
sages referred to, there occurs a curious proviso restrictive of
the power of the " fair-chief of the tribe," viz., " unless he be
the sixth " which, although explained in the gloss in an ob-
scure manner, appears to mean unless he be Tiot one of the
first five, i.e., of the geilfine division properly so called.§
There appear allusions to chiefs of the deirbhfine, iai'fine, and
indfine divisions, which implies that some one of the class
possessed a seniority, or superiority, over the other members
of the class.|| It would also appear that when a class was
once formed, it continued to subsist as long as any one
member of the class continued in existence ; as we should
now express it, the members of a class were as among them-
selves joint tenants and not tenants in common. The
movement of individual members through the different
classes was not caused by the vacancies in the three latter
classes but by a superfluity of members in the first class ;
and that the soci'al position and rights of the classes among
themselves was in the inverse order of the seniority. That
there were some connexion of kinship between the members
of the four classes is everywhere assumed, but the relation-
ship which may have existed at any time between the
members may not have been that upon which the system
was originally constituted. The existence of a father and
four sons is more than once referred to as the basis of an
♦ Vol. IIL, p. 807. t VoL IV., p 39. % Id., p. 63.
§ Another and slightly different explanation o{ thiB pasfla£;e is suggested subse-
qoently, see p. IxxxWii.
I Vol. IV., p. 243.
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INTRODUCTION. Ixxiil
ordinary " geilfine " system, but it does not follow that
although the existence of a father and four sons would
result in founding the system, it could not be formed by five
persons of the same stock, standing in another relationship
to each other ; it might, it appears, be formed upon the basis
of five co-existing brothers. That the deirbhfine were
not descended from the geilfine is shown by the passage,
which describes the property of the geilfine division upon
the death of the five membera of that division passing to
a branch extern to tlie ^gtiljlne^ viz., the deirbhfine divi-
sion.* In the glosses upon this passage there is the follow-
ing : " In this case after the death of the five persons which '
are the geilfine division, the land is divided among the
three 'fiTie * divisions, and in this case there is no female
heir." As a female is here assumed to have been entitled
to succeed upon the failure of male heirs, the extinction of
one of the classes implies both the death of the original mem-
bers, and the failure of their issue, and it is therefore neces-
sary in any theory of the system to find room for the succes-
sion of lineal descendants to the land of their ancestors. *
Mr. M'Lennan after pointing out that such a system
must be primarily founded upon the possession and dis-
tribution of land, and that the liability of the members
for the acts of members of the "fine*' is based upon the
rights which they enjoy in respect of the common property,
makes the following important observation: "It is not
difficult to imagine that arrangements of such obvious con-
venience as defining and limiting the liabilities of kinsmen
for one another, if once successfully established among the
superior classes, would in time be imitated by the inferior ;
and the peculiar settlement of property, worked through a
divisional organization, as may be easily seen, is nowise in
its nature, inapplicable to movable estate."t
In conformity with this observation of Mr. M'Lennan, a
remarkable analogy to the geilfine system in the '*fine''
appears to have existed among the families of the ''fuidhir "
teiUMits, which is worthy of much attention in the consider-
* Vol IV., p. 89. t Primitive Marriiige, 2nd ed., p. 492.
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Ixxiv INTRODUCTION,
ation of. the present subject. These tenants, settled upon
the chief's share of the tribe lands, were recruited from the
broken men, who had lost land and kinship, and in the tribe
organization were supposed to form portion of the ^fine'^
of the chief (jlaithfiiie), but at an early period they seemed
to have formed artificial families* upon the system of recip-
rocal liability, and to have acquired a right of hereditary-
transmission of property. The passage to which we refer
lays down as a general principle that " the natural bondman
does not bear the crimes of his relatives," but that if there
were five houses of "fuidhir" tenants, each householder
having a stock of one hundred cattle, and all under one
chief, they formed an association, recognised as a portion
of the tribe, for each thereupon shared in the common tribe
land (dibadh) and paid for the crimes of the other member
of their separate organization. The phrase "They share the
tribe property," translated as in the last sentence by an
earlier glossist, is translated by.a subsequent commentator,
"Each of them shall share the tribe property of each other ;"
according to this view the reciprocal liability for crimes
drew with it common rights and joint ownerships in the
aggregate stock of the five houses.* But whatever rights
the five head men of these "fuidhir" houses acquired in the
common stock, it must have been subject to the succession
of lineal heira, as in a subsequent passage we I'cad (in respect
of the case of fuidhir tenants), " the father does not sell any-
thing to the prejudice of his sons, grandsons, great grand-
sons, or great great grandsons."t To constitute such a com-
munity there must have been a certain number of persons
belonging to diflfereni households, and also possessing an
adequate amount of property. The sons, brothers, &c., of
an household were liable for each others deeds without such
organization, and the addition of impecunious persons into
such an association would create a liability without any
reciprocal guarantee.
* Post page 43. The precise meaning is not important, but we are inclined to
prefer the latter translation.
t Poet, p. 287.
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INTRODUCTION. IxXV
There must have existed distinct and early laws of
hereditary succession to lands of inheritance (prba) among
the Irish Celtic tribes, but these rules have in fact been
amalgamated in the "geiljine" system, and cannot be now
understood apart from it ; the Welsh rules which may be
assumed to have some general resemblance to those of the
Irish, throw, in our opinion, considerable light upon this
subject. The relation of the father and son in the Welsk
law in respect of the family inheritance resembled rather
the civil law substitution, than the English joint-tenancy;
"neither is the son tx> deprive his father, during his life, of
land and soil ; in like manner the father is not to deprive
the son pf land." * Such a rule, if strictly carried out, would
have created a perpetual succession, and the right of the heir
could be barred only in one way, viz., by an agreement
between '' father, brothers, cousins, second cousins, and the
lord ;*' a proceeding the same as tlie present mode of barring
a Scotch tailzie. Upon the death of the father, the daughters
took nothing, unless there was a failure of male heirs ; upon
the death of the father the sons divided the lands between
them in the following manner : "When brothers share the
patrimony between them, the youngest is to have the
principal tyddyn, and all the buildings of his father, and
eight erws of land, his boiler, his fuel hatchet, and his coulter;
because a father cannot give these three to any but to the
youngest son; and though they should be pledged, they
never become forfeited. Then let every brother take an
homestead with eight erws of land ; and the youngest son
is to share, and. they are to choose in succession from the
eldest to the youngesf't * ' /
The inheritance having been thus divided among the first
generation of descendants, was again divided among the
grandsons, and again among the great grandsons, after which
there was no farther apportionment. By this we must
understand that the three first generations of descendants
took "per capita^" and that the fourth generation retained
♦ Ancient Lews of Walei, Vol I., p. ITT,
t Ancient Laws ol Wales, VoL L, p. 643.
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IxXVi INTRODUCJTION.
the existing shares by household or per stii-pes. The reshar-
ing was subject to the exception that no one should "remove
from his tyddyn to another ; because the tyddyns are of such
a number that no one is obliged to be a builder for another".*
The right to inherit the share of any deceased relative, was
not as collateral heir of the deceased, but as a lineal descend-
ant of the original ancestor ;t to use the terms of English
law, heirship was claimed not to the last seized, but to the
purchaser ; but the right of inheritance stopped short at the
fourth generation of descendants; the descendant in the
fifth degree had no hereditaiy claim through his ancestor to
any poi-tion of the lands of inheritance, and therefore kins-
men more distantly related than third cousins could not be
heirs to each other in respect of shares in lands of inheritance.
In default of relations within this degree the land escheated
to the king4 It is to be remarked that according to this
system the elder brothers go out of the father's house and
establish themselves in separate buildings, upon ilistinct
portions, cut out for them of the lands ; and the youngest
son is left^ in the possession of the original homestead and
all its gear. The redivisions are not partitions of the land
exhausting the entire, but on these occasions each male
descendant acquires a fixed portion as his share ; after the
third generation there is no further redistribution of the
land ; and after the fourth generation the family organiza-
tion is dissolved into separate households, each of which
(for the purpose of inheritance) had no relationship with the
others.§
• Ancient Laws of Wales, Vol. IL, p. 291. t W. J Id., Vol. I., p. 646.
§ That the hereditary right of succession to property and the claims of kinship
should cease, or be very much diminished at some particular point in the chain of
descent, is a conception not unknown to ancient law. " The typical example of
this division of the clan, as of so many other of our early institutions, is found in
India. In that country the degress of kindred, as I have already observed, were
determined by the nature of the sacred rights in which the kinsmen shared. The
nearer relatives offered to their deceased ancestors the pinda or sacrificial cake. The
more distant relatives made an offering of water. The former were called Sapin-
das, or persons connected with the cake. The latter were called Samanodocas,
or persons connected by equal oblations of water. The relation of the Sapindas
ceases with the seventh person, that is, with the sixth degree of kindred.'* (The
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INTRODUOnON. IxXVU
In the following observations it is desirable to use the
term "tribe" and ''family" in a tech^ilcal sense, treating the ^ ^^
former as indicating the larger organization known as the
"duel" the latter as equivalent to the "finef' this distinc-
tion between the "tribe" and the "family" appears in all
degrees of kindred in thU passage are calcalated according to the rulea of the
English, not cf the Ciril Law.) " The relation of the Saraanodocas ceases only when
their birth and family name arc no longer known. The Sapindos have the primary
right of inheritance to a deceased person ; and falling the Sapindas the Samanodocas
succeed. In other words all those persons are Sapindas, who have a common
great-grandfather, or other nearer ascendant, that is second cousins and all nearer
relatives. All those persons are Samanodocas, who have h common great-great-
grandfather, or otlier more remote ascendant, that is third cousins and all more
distant relatives. In the former case, the common ancestor who marks the limit,
is the fathcr*s grandfather. In the latter case it is the grandfather's grandfather.
Thus the Priuce of Wales and the Ex-Crown Prince of Hanover are Sapindas,
because they trace descent from the same great-grandfather, Ring George IIL,
but their children fall into the wider circle of Samanodocas, or more remot«
kinsmen.— 7^ Aryan Bouteholdj p. 168.
The actual text of the Welsh Law is as follows :— »
1. When sons share their patrimony between them, the yonngest is to have the
principal tyddyn, and all the buildings of hb father, and eight erws of land, his
boiler, his fuel hatchet, and his coulter; because a father cannot give these three
to anyone but to the younger son ; and though they should be pledged, they never
become forfeited. Then let every brother take a homestead with eight erws of
land, and the youngest son is to share ; and they are to choose in succession, from
the eldest to the youngest.
2. Three times shall the same patrimony be shared between three grades of a
kindred ; first between brothers, the second time between cousins, the third time
between second cousins ; after that there is no propriate share of the land.
3. Xo person is to demand re-shoring, but one who has not obtained a share by
choosing ; thence the proverb, there is no choice in what is settled.
4. No person is to obtain the land of a co-heir, as of a brother, or of a cousin,
or of a second cousin, by claiming it as heir of the one co-heir who shall have died
without leaving an heir of his body ; but by claiming it as heir to one of his 0¥m
parents, who had been owner of that land until his death without heir, whether a
father, grandfather, or great-grandfather, that land he is to have, if he be the
nearest nextK>f-kin to the deceased.
6. After brothers shall have shared their patrimony between them, if one of
them die without leaving an heir of his body, or co-heir, to a third cousin, the
king Js to be the heir to that land.
e. A« a brother is rightful heir to his patrimony, so is his sister rightful heir
to her gwaddol, through which she may obtain a husband entitled to land ; that
is to say, from her father, or from her co-inheritors, if she remain under the
guidance of her parents and co inheritors.
7. If an owner of land have so other heir than a daughter, the daughter is to
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Ixxviii INTRODUCTION,
early systems, and correlative terms expressiAg them are ^
found in many languages.*
The "family" came into being under certain circumstances,
and again was dissolved upon the existence of a certain
state of facts ; the " tribe" existed before the " family" came
into being and continued to exist after the latter had been
dissolved ; the "tribe" consisted of an aggregate of individuals
connected by a real or assumed relationship, and occupying
in. separate households a district of which they in some
manner were the common owners.
Let us consider the circumstances under which a " family"
organized upon the geilfine system came into existence^
the mere fact that a member of the tribe had a certain
number of children would be insufficient, for it rested
upon the basis of the possession of a distinct and separate
property ; nor again would the bare fact of the possession
of land enable a member even of the *' family" to found a
new geilfine groug, for there was only one such organiza-
tion in each family.
.. The property upon which a family was formed was not a
right to a share greater or less in the general tribe land to
be allotted from time to time, or a right to depasture the
waste of the tribe, but the exclusive possession of a definite
portion of the tribe land, granted out the genenal mass, and
appropriated as the exclusive and hereditary property of the
descendants of some definite individual, an estate corre-
sponding to the A.S. bocland, and described in the Brehon
Law as '* orba."
be heiress to the whole land. — The Dimctian Code, cli. xxiii., A. L« & I., vol. i.,
p. 643.
'" Distribution is in the first place to be between brothers. The youngest is to choose
his tyddyn with such houses as may be upon the eight erws, if he bo. an uchelior,
and from oldest to oldest let them chDose their tyddyii, and to every one what
houses may be upon his tyddyn. And after that let the youngest son share in every
case ; and from eldest to eldest let them choose. Afterwards cousins are entitled
to a re- sharing, but no one shall remove from his tyddyn for another, because the
tyddyns are of such number that no one is obliged to be a builder for anotlier.
And in that manner are second cousins to re-share. And, after the third sharing,
let everyone re-claim his share fn his possession lawfully through guardians of
land-borderers. — CycreUhian Cyinru, xxxL, 1, A. L. &. I. of Wales, vol. ii., p. 201.
* The Aryan Household, 161-1 71.
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INTRODUCTION. Ixxix
If land has thus been dedicated to the use of a separate
family, the claims of its members to enjoy their several
proportions by hereditary right must be traced from the
original acquirer, or in the old English law term " from the
conqueror." This is very clearly shown by the Welsh rule
that heirship is traced back in the first instance to the
ancestor, and not to the deceased. As tlie family increased^
the additional further accommodation is provided for, not by
the enlargement of the original dweUing,'but by the erection
of new buildings with several allotments. The brothers
under the Welsh law did not upon the father's death take
equal undivided or divided shares, but to each was alloted
his homestead with his eight erws of land in severalty. The
existence of the thickly scattered " raths " in Ireland would
of itself prove that the "family" occupied its district in this
manner, and in the tract of the "Crith Gabhlach" (also
published in this volume) the several members of the tribe
are assumed to occupy separate houses, classified as to size,
&c., in accordance with the rank of the occupiers ; the Celtic
family never seems to have clung together in the peculiar
form of the Sclavonic household.
In considering how a geilfine system might have been
formed, the question w£y the number of seventeen formed
an element in the organization may be postponed for sub-
sequent consideration. Nothing can be more embarrassing
than an attempt to reconstruct a system founded both upon
hereditary descent, and certain assumed arithmetical propor-
tions. A family arranged upon some rules of inheritance can
be easily understood, if once the principle of hereditary suc-
cession which underlies it, be ascertained ; a political insti-
tution resting upon the selection of a fixed number from the
indefinite mass of the population, can be supposed to have
been an actually working institution. But when we read
of assemblies formed of members selected in certain propor-
tions, or in fixed numbers, out of different stocks, or of
property divided among the descendants of some ancestor,
. in a fixed number of shares, it is clear that we are no longer
* Ancient Laws of Wales, Vol. L, p. 177. '
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IXXX INTRODUCTION.
dealing with actual facts, but with theoretical descriptions
of what the institution was supposed in the abstract to have
been. The numbers in each family must be uncertain; some
men have many, some few or no descendants. The actual
condition of the population must soon have rendered its
arithmetical classification impossible, if such classification
ever existed in fact. No one pretends to believe in the actual
existence of the early Roman constitution, with a perma-
nently fixed number of tribes, curias, gentes, and familiae ;
and yet upon the assumption of the existence of an almost
impossible state of facts rest the number of the members of
the senate, and the organization of the legion. Institutions,
as all else, must accommodate themselves to existing facts,
and in such cases as those to which we have referred the
principle of hereditary right must shake ofl* the incumbrance
of arithmetical arrangement, or the numerical an-angement
be carried out in disregard of the strict rules of descent.
The original acquirer of "orba" land establishes upon it
his household, and as the number of his sons increases
beyond the capacity of one common dwelling, they success-
ively go out, take separate allotments, and establish them-
selves in distinct homesteads. This scattering of the original
household must have arisen as a matter of necessity, as the
consequence of an increase in number beyond the accommo-
dation of the paternal dwelling. The eldest would probably
first marry and leave the original home, and the order of
their departure would probably follow that of their seniority.
That the sons took their separate allotments during the life
of the parent, and not upon his death, is the only mode of
explaining the Welsh rule that the youngest and not the
eldest son, succeeded to the father's house and gear; this
must have rested upon the assumption that the youngest
son alone remained in his father's house, which he jointly
occupied with the father, upon whose death he remained in
sole possession by survivorship, rather than succeeded by
inheritance. Each son as he successively left his father's
house received his share in the lands of inheritance, and,
having become the head of a distinct household, would
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INTRODUCTION. Ixxxi
cease to be a joint owner with his father in the original
property ; the portion acquired by an elder son who had
thus gone out would pass to his descendants, according to
the ordinary rules of descent, but the undisposed of residue
of the original lands would survive to the youngest son,
who had not gone out, as representing his father in the
manner before mentioned.
The "geilfine" system began to exist when there was a
father and four sons ; but the question arises as to the
particular date at which this happened. That such date
was that of the birth of the fourth son is in every way
improbable ; the members of the system are always spoken
of as "the seventeen raeni* who have definite rights and
considerable liabilities, which could neither be enjoyed
nor performed by infant children residing in their father's
house. The members of the geilfine stood in definite rela-
tion to each other ; they had certain rights in each others
property, but what was more important, they were jointly
liable for the wrongs committed by any of the " family,"
and were guarantors among themselves for the paynaents to
be made in respect of any such. That a man's four infant
sons, whoTesided in his house, and possessed no independent
property, were joined with him as security for his debts,
would be of no advantage to extern creditors, and the father
could not expect any benefit from having joined with him-
self as co-securities, his sons, who had no property except a
contingent interest in what he himself possessed. The nature
of the relation between the members of a " geilfine " system
implies that they all are sui juris, and all o wnera of property
efficient to answer their joint and reciprocal obligations. It
is at this point that the great importance of the mode in
which the "findhir" tenants are organised into a fictitious
family is apparent. This was, as stated in the passage
before referred to, efibcted by combining into one, five dis-
tinct households, not individuals, each possessing a fi:£ed
minimum of property. The unit here, as is generally the
case in early tribal systems, is not the individual, but the
household ; when an individual is spoken of, he is referred
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Ixxxii INTRODUCTION.
to in his character of the head of an household ; his property
is originally the property of the household, of which he is
the manager rather than the absolute owner. It is remark-
able that the hereditary rights of succession of "findhir"
tenants is apparently connected with the fact of their being
oiganised ; this would be a natural consequence of such an
arrangement, for the property of any '• findhir" house having
been caught by the system of mutual guarantee, the house-
hold would be continued for the purpose of the fulfilment
of the guarantee, in the persons of the sons of the original
head as a member of the artificial family. For these reasons
there are considerable grounds for assuming that the four
sons, who jointly with their father formed a "geilfine," are
four sons who have gone out and established themselves in
independent homesteads upon their allotments.
Disregarding again for the present the question of
numbers, the father and his sons, who have left the original
home, and established themselves as the heads of indepen-
dent houses, form the nucleus of the " geilfine " arrangement
of the family ; we have now an organization of households
and a communit}", or land held by a community (coibne),
instead of land held by an individual as head of an house ;
and in place of being " the paterfamilias ** the father becomes
the " geilfine " chief, or the head (ceud) of the community.
The number of households in the community is fixed by
the niunber of new homesteads established by the sons
who have gone out, that is, a number equal to the sum
total of the father and his forisfamiliated sons ; and if the
union be an union not of individuals, but of householders
representing their separate homesteads, the system will
not be broken up by the death of any leaving Issue, but
his successor in the headship of his house will take his
place in the geilfine system.
The youngest son, succeeding his father as head of the
original household, would at an early period probably
succeed to the headship of the family also. The ancient
religion of the Irish Celts has absolutely disappeared, but if
their religious ideas resembled those of many others of the
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INTRODUCTION. Ixxxiil
early Aryan tribes, among whom the headship of the family
is intimately connected with the performance of the sacred
rites at the original hearth, it would not appear unnatural
that the headship should remain with the son, who, although
the youngast, occupied the original home of the family.
The geilfine system having been once originated, it is to
be considered whether the sons of the original acquirer
represent the branch of system technically known as the
•'geilfine*' branch, or represent the first members of the
four distinct branches, as is the opinion of Mr. M'Lennan«
To the latter opinion there appear to be insuperable
objections. It excludes the ancestor from the system
altogether; it confines the number of households in the
family to four; it certainly fails satisfactorily to account
for the extra member of the geilfine branch ; it introduces
the wholly foreign theory of primogeniture ; and it involves
the fatal difficulty that a large proportion of the members
must be infants; as to the extraordinary longevity and
power of reproduction he attributes to its members, we take
no objection, as its author throughout treats the geilfine
system, not as an existing social organization, but a specu-
lative theory of descent.
That the geilfine class was formed before the deirbfine
began to come into being, must be, in our opinion, the
conclusion to be arrived at, upon an examination of the
texts, and is the only theory uiM)n which the peculiar in-
timate union between the members of each class among
themselves, and the gradations of rank and probable differ-
ence of wealth among the classes can be accounted for.
The creation of the deirbfine class is similar to that of
the geilfine, and would appear to have arisen in the same
manner. If the sons, who leave the original home, take
fixed allotments to which their descendants will be* con-
fined, and the original home and the balance of the lands
of inheritance remain with the youngest son, and are
available for the establishment of his' descendants, it must
follow that until the lands are completely occupied, the
elder stocks must be constantly losing ground in point of
/2
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Ixxxiv . INTRODUCTION,
wealth as compared with the younger. If a son of the
youngest son can, on. leaving the original home, receive an
• allotment similar to that which his father's elder brother
received, his position is much better than that of his first
cousins, and with each successive generation the disparity
would become more marked. The answer to this objection
is, that the existence of this very disparity, is one of the
most peculiar, and, at first, unaccountable facts of the geilfine
system, according to which the members of the geilfine
class are, by the introduction of new members, promoted, or
degraded (it is immaterial which term is used) into and
through the three other classes., with a loss upon the occasion
of each removal of position and property, but with a co-
relative diminution of liability.
That the four branches of the geilfine system represent
four distinct generations of the descendants of tlie original
acquirer must be admitted ; the terms descriptive of the
four classes, are repeatedly used as expressing the four
successive generations descending from a supposed ances-
tor ; but it appears equally certain that none of the classes
were the descendants of any other of them. The glosses,
indeed, treat the geilfine branch as being sons, the .deirbfine
branch as being grandsons, &c. ; but if the views of the.
commentator in the Book of Aicill are not to be actually
discarded, the "indfine" class contained the senior members
of the system, and the geilfine the youngest; and hence
the anomaly that the word which signifies the junior
members of the class, are supposed to indicate the sons, and
that which signifies the senior members of the class the
great great-grandsons of the same person. So far, however,
from treating the " deirbfine " as representing the '* geilfine "
class, the former is spoken of as a foreign branch taking
only upon the failure of the issue of the geilfine.
The youngest son of the original acquirer, having suc-
ceeded his father, marries in his turn, and his sons, beginning
with the eldest, go out successively and settle on tlieir
allotments. The second head with his four forisfamiliated
sons forms a new geilfine branch, and that formed by the
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lOTRODUOTIOiT. IXXXV
four sons of the original acquirer is pushed down into the
deirbfiTie class ; the original house, being that out of which
the successive generations have swarmed, always continuing
as an household of the geilfine, and thus the existing chief
with his forisfamiliated sons always forming the geilfine
division ; the claim of the several branches of the system to
their respective allotments, supposing the generations to
have died off evenly, and the whole number seventeen to
have been filled up, would be as follows : the geilfine would
be the sons of an existing head or chief; the deirbfine, the
first cousins of the geilfine, would claim as the grandsons
of the previous chief; the iarfine, second cousins of the
geilfine, would claim as great-grandsons of the second last
chief; the indfine, the third cousins of the geilfine, would
claim as the great great-grandchildren of the oi-iginal
acquirer. The senior branch upon this supposition is that
most removed from the chief for the time being, and for
the reasons before stated also the least wealthy. The four
divisions, representing four successive generations, would,
if the analogy of the Welsh Law is of weight, complete the
system ; if the right of hereditary succession was not trans-
missible beyond the fourth generation of the descendants
of the original acquirer, the soas of the fifth chief or head
would have no right to allotments, and no further indepen-
dent households could be formed.
If the respective classes represent in the manner above
mentioned four successive generations of the descendants of
the original acquirer, each generation represents either
brothers or the descendants of brothers ; and each class,
taken by itself, formed a distinct subdivision of the family,
the members of which were the nearest relations of each
other.
If each class represents a generation, it, at first sight, is
difficult of explanation how four successive generations re-
main of the same number, neither less, nor more, but this
objection is removed if we admit that each class is in fieu^t
the offspring of a single individual.
We are strongly inclined to believe that in ite inception
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Ixxxvi INTRODUCTION.
the respective classes were not tied down by any fixed
rules as to numbers, although at the date of the commentary
on the Book of Aicill the number of seventeen was con-
sidered as of the essence of the system. The geilfine
organization is frequently spoken of as the " seventeen men,"
which would lead to the supposition that the number was
always kept up by some contrivance to that amount ; but
from the rule that a class was not extinguished ais long as
there was one member of it in existence, it is clear that the
system could, and must often, have been worked with very
reduced numbers ; a circumstance not incompatible with
its successful operation, for the survivorship existing among
the members of each class would concentrate the property
of all in the hands of the last survivor, and leave the
amount of property available for the fulfilment of their
mutual guarantees unaltered.
The numerical form of early institutions arises from the
desire of half-educated men for an unattainable arithmetical
completeness in their arrangements, and from the wholly
unwarranted assumption, with the view to enable them to
construct theoretical systems, that all the families would be
of some fixed amount, and that the members would be
bom or die off in the required order. The lawyers who
reduced to writing the customs of the "^ne," assumed that
the number of children in each family would be five, that
is, four who go out, and one who remains in the original
home, and that, therefore, the system in its complete de-
velopment must consist of seventeen persons, although
probably as a fact it frequently fell short of that amount.
The perfect form of seventeen persons, divisible in the
four classes, each representing four brothers, with the
addition of the head of the household occupying the original
home, became the accepted theoretic form of the institution.
If the number of seventeen members once became the
supposed essence of the arrangement, that, which originally
consisted of four classes, each of which was assumed to be
four in number, and which, therefore, with the addition of
original house, made up seventeen individuals, was con-
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INTRODUCTION. l3LXXVii
sidered as an organism of seventeen persons, sub-divided
for occult reasons into four classes containing each a certain
number.
In the "Bee Judgments " and " Rights of Water," allusions
are made to the four geilfine classes, which manifestly prove
that the four classes were regarded a^ distinct from, and
contrasted with, each other. The geilfine system must
have been familiar to the authors of these tracts, who
illustrate local positions by reference to the relations be-
tween these classes. Nothing can more clearly show that
each class was considered as a complete entity in itsel£ .
Although the rule may have prevailed from an early date
that the four geilfine classes should comprise no more than
seventeen menbers, the number thus theoretically fixed
could not often have come into conflict with facts; the
chance of four successive householders in the lineal descent
having each five sons, all of whom marry and have issue, is
very remote, and may be practically dismissed from consider-
atioiL
We have already stated our explanation of there being
four classes in geilfine system, and no more, viz., the rule
that hereditary rights were not transmissible through more
than four generations, and that therefore the organization
could not be carried on beyond the great-great-grandsons
of the original acquirer ; other results worthy of consider-
ation would arise upon this contingency, which are implied
in the remarkable phrase ; " From this forth it is a case of
a community of people, it is then family relations cease."
At first sight it would appear that the paragraph states that
the innfine class divide among themselves the residue of
the lands " of the family " as if it were " common tribe land/'
and that thereupon the organization of the "family," was
dissolved. This would imply that the " innfine " class could
at once on coming into being, dissolve the "family," a
conclusion contrary to all the passages, which treat the
"family'' with its four classes as a continuing entity; it is
quite impossible to imagine that the completion of the
system involved its dissolution. It appears that no further
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IxXXviii IKTEODUOTION',
generation of sons issuing from the original dwelling could
obtain allotments, because the fourth occupier of the house was
the last who had a right to settlehis sods on the " family "land ;
his younger son, the fifth occupier of the original holding,
could putout his sons as they married, but was obliged todivide
the original holding, which up to this would have remained
entire, among all his sons. The peculiar privileges attached
to this holding would be lost, and all the "households**
placed on an equality ; the house which up to this had been
the chiefs house would become one of the houses of the
ultimate "geilfine" divisions, thus permanently raising the
number of members of the class to five ; the undisposed
of residue of the land, so much as had not been allotted
to the sixteen members of the four divisious, would be
divisible among the liouseholds probably per stirpes. The
land of the " family, " which up to this had been regarded
as the undivided property of the community (coibne
land), is broken up among the various members in
independent properties. This explains the expression relat-
ive to covenants dealing with coibne property, " which
the fair chief of the tribe ("family *) confirms unless he be the
sixth ;** for the sixth chief of the " family, " however elected,
would be the fii'st who did not represent the rights of the .
original acquirer. We have no infoimationhow the "gcilfine**
chief was subsequently appointed; the note prefixed to the
commencement of the Tract " On Succession " proves that
the succession to' the headship of the " family '* was an open
question, and that the lawyers were inclined to supi>ort the
doctrine of seniority as against some previously established
rule.
It is necessary to consider the rules of succession laid
down in the commentary in the Book of Aicill, with the
object of ascertaining how far they agree with the theory
of the origin of the geilfine system which has been here
suggested. The well known passage in the Book of Aicill
appears to treat of the question how the property of a
household should be divided among its members, and would
therefore deal with a much later stage of the Brehon Law,
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INTRODUCTION. Ixxxix
when the property of the originally united household was
subject to distribution among its members. .The principle
that this property should be divided among seventeen per-
sons at most, was then accepted, but the reason for such a
number being fixed upon had at that time been forgotten, as
there are no definite grounds shown for the distribution of the
members into the four classes, and the essential and distinct
unity of each class has been abandoned by the supposition that
an individual of one class can be passed on into another class
by the increasing number of junior members, and that, when
the number of possible members exceeds seventeen, the senior
member of the^innfine'' class passes out of the organization.
It was, of course, impossible, when dealing with the mere
distribution of property among the members of the house-
hold to suppose the system broken up when the number
exceeded seventeen, and the extrusion of the senior member
was a devise to avoid this difficulty. Sir H. S. Maine's
explanation of this passage, supposing it simply to express
a late mode of dividing household property upon the
analogy of the prior distribution of family property, may be
adopted with the exception of the continuance of the parent
in the geilfine division.* The addition member of that
division was, it seems, introduced from the older system,
and retained after the reason for the fact had been forgotten.
Assuming the original geilfine system to have been such
as has been suggested, the principle for the division of the
property of the household laid down in the Book of Aidll
is clear and consistent.
The actual relationship of the members of a fully devel-
* Although great wHght U to be attributed to the opinion of Sir H. S. Maine,
it may be fairly conjectured that at the date of the CommeDtary upon the Book
of Aicill the rules for the disitribution of pro|)erty in the case dealt with were a
mere Burvival of an organization which had practically cea«ed to exist, and that
the seventeen consisted of the seventeen junior male descendants of the stirps,
without reference to the original number of sons, and that these seventeen wertt
arranged in classes after the analogy of the ancient di\i8ions of the family. The
anomalous results which would follow in some cases wbere the number of mal6
descendants exceeded seventeen would not be more extraordinary than those
which in exceptional cases occur under all systems for the distribution of property
after death.
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XC INTRODUC?riON.
oped geilfine system, if all the members died off at regular
intervals, would be as follows. The members of all the four
classes would then be the descendants in the fourth degree
of the original acquirer; the "geilfine" division would-be
the first cousins of the deirbfine division ; the second cousins
of the iarfiiie division, and the third cousins of the hinfine
division ; the deirhfiiie division would be the first cousins
of the geilfine division ; the second cousins of the iarfine
division, and the third cousins of the innfine division ; the
iarfine division would be the second cousins of both the
geilfine and deirbfine divisions, and the third cousins of the
innfine division; and the innfine division would be the
third cousins of the three other divisions. Their relation-
ship might also be traced by represent4vtion, that is by the
relationship which at the first existed between the original
members of each division, in which view the geilfine division
would be the nephews of the deirbfine division, the great
nephews of the iarfine division, and the great great nephews
of the innfine division ; the deirbfine division would be the
uncles of the geilfine division, the nephews of the iarfine
division, and the great nephews of the innfine division ; the
iarfine division would be the uncles of the deirbfine division,
the great uncles of the geilfine division, and the nephews of
the innfine division ; and the innfine division would be the
uncles of the iarfine division, the gi-eat uncles of the deirb-
fine division, and the great great uncles of the geilfine
division. As upon the failure of any class the property is
to be divided among classes and not per capita, their shares
are in the first instance determined by the assumed natural
relationship of these divisions, and if this does not differ-
entiate the classes, then by their representative relationship ;
the nearest class taking three fourths, the next three six-
teenths, and the most remote taking one sixteenth. On the
extinction of the geilfine, three fourths would pass to their
first cousins the deirbfine, three sixteenths to their second
cousins the iarfine, and one sixteenth to their third cousins
the innfine. On the extinction of the deirbfine three fourths
would pass to their first cousins the geilfine, three sixteenths
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INTRODUCTION. XCl
to their second cousins the iarfine, and one sixteenth to their
third cousins the innfiiie. On the extinction of the iarfine
division, a difficulty would arise, as both the deirbfine and
geUJine divisions would stand in the same relation, viz., that
of second cousins, and their respective portions would have
to be determined by their representative kinship ; the
deirbfine division as representing nephews would take the
precedence of the geiljine division as representing great
nephews, and three fourths would go to the deirbfine
division, three sixteenths to the geilfine division, and one
sixteenth to the innfine division. In the case of the extinc-
tion of the innfine division, all the other divisions stand to
them in same degree of actual kinship, and the division of
the property would follow representative kinship exclusively,
three fourths passing to their nephews the iarfine division,
three sixteenths to their great nephews the deirbfine
division, and one sixteenth to their great great nephews the
geilfine division. The distribution of the property of any
two extinct classes follows precisely the same rules ; if the .
property of each class be separately divided in the propor-
tion of twelve to four between the surviving classes in
accordance with their nearness of kinship. Thus upon the^
failure of both the geilfine and deirbfine division, the pro-
perty of both is divisable between the remaining classes,
tlieir second and third cousins, three fourths to the iarfine,
and one fourth to the innfine division ; but upon the ex-
tinction of the iarfine and innfine divisions, the two sur-
viving classes standing in the same degree of actual kinship
to both, the principle of representation is introduced and
three fourths pass to the deirbfine and one fourth to the
geilfine division.
This mode of explaining the geilfine system gives the key
to the rules laid down in the 39th page of this volume.
The pa.ssage referred to is an attempt to lay down the
rules for the succession to a female in the technical terms
used in reference to the organization of the family. It
appears from the gloss that the rules 3 and 4, in page xlii,
deal with the'succession to the property of a deceased female,
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XCll INTRODUCTION.
and that the grand-children and great grand-children, there
referred to, are not those of tho deceased female, but of the
original settler, if we may use this modem term. It appears
that the hereditary right to the vacant lands did not extend
beyond the fourth generation of the stii-ps, and that descend-
ants of the several generations ar^ conceived as co-existing.
The existing descendants of the original stirps may be classed
in two modes, either as constituting a geilfine system, or
classified with reference to the relationship which the
original members of any division of such a system would
have borne to the original stirps. In a fully formed family
the members of the geilfine class would be the original
members of their division and descendants in the fourth
generation of the stirps ; the deirhhfine class would represent
their fathers, the descendants in the third generation, and
similarly the iavfvne and innfine would represent ancestors
who were the grandsons and sons of the original stirps ;
thus the terms geilfine and deirhhfine might in a secondary
sense be used to designate descendants in the fourth and the
third generation. The four genemtions of tho male issue of
the settler seem to have been regarded as forming four classes
equivalent to the classes of the geilfine system, and having
'similar rights of property and succession inter sese*
Upon the completion of the Qeilfine system the "family"
does not appear to have dissolved beyond the extinction of
hereditary rights in the land of the family; the organization
still continued upon the basis of mutual guarantee and
liability; the seventeen houses (or the lesser number actually
in existence) formed the patriciate of the " family," jointly
liable for the compensation for the wrong committed by
members of the family, and jointly entitled to share in
certain proportions in the compensation payable for wrongs
inflicted upon members of the family. The chief represented
henceforth the " family ;" not the hereditary rights of the
original acquirer, for property falling in from extems vested
not in him but the geilfiiie class; to tho last the distinc-
* The difficulty in this explanation is the incompreheosible glosses, page 41, lines
SO and SI. It may be suggested that the glosses in question haxo been transposed.
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Y
INTRODUCTION. XCUl
tion of the "tribe" and "family" must have been clearly
marked, the family rested on the lands of inheritance booked
to the original acquirer, and as a family had no property
external to that, the tribe possessed the general undivided
tribe lands and the waste pasturage lands ; these latter it is
to be observed cannot have been included in the lands of
the "family" which were finally divided upon the completion
of the geilfine system. The claim of an individual to shai-e
in the pasturage was founded upon his being a member of
the tribe, and had no connexion with his membership of
a family, and when, we proceed to consider the Crith
Gabhlach, it will be clear that, in the organization of the
tribe, the family was wholly disregarded, as in the legion,
the individual citizens were equal in the face of the law,
and the paternal authority disregarded.
The conclusions, to which we arrive, may be briefly stated
as follows: — (1) the geilfine system was an ingeniously
contrived organization of the " family" with the object of
keeping it together upon the basis of mutual guarantee,
founded upon the antecedent rules of succession to lands of
inheritance {prha) ; and of retaining the lands of inheritance
in the descendants of the original acquirer, as far as the
existing rules as to "remoteness of limitations" permitted;
(2) that it was contrived in the interest of the noble classes,
who possessed sufficient influence to procure portions of the
public tribe lands to be granted to them and their families
to the exclusion of the rights of the general body of the
"tribe" ; (3) that as the general tribe lands were appropriated
by the noble class, the system in its earlier stages gradually
became obsoltite, and 'merely a subject of antiquarian en-
quiry ; and that the later commentators, especially when
once the idea of seniority as the basis of succession had been
established, were unabled clearly to explain its origin and
probably found more difliculty in understanding it than does
the modern student ; and (4) that the system when existing
in. its latest state of survival was adopted as the basis
for a system of rules relative to the distribution of the
property of an household, to which in its origin it had really
no analogy.
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XCIV INTRODUCTION.
IV.
On thb Incidence of Fines and Compensation
FOR Crimes.
It is a cardinal principle of the Brehon Law that the
liability to pay the fines and compensation for crimes,
committed by a member of a tribe or family, shoidd fall upon
the persons who would be entitled to his property upon
his death, and in the same proportions.
In this volume there are contained two tracts as to the
persons by whom, and the proportions in which, such fines
and compensation should be paid, viz., the tract entitled
"Of the Judgment of every Ciime which any Criminal
Conunits, &c.," and that entitled " The Land is forfeited for
Crime." If we could therefore succeed in ascertaining the
mode in which such lines and compensation should be
assessed upon persons other than the criminal himself, and
in what proportions the fines and compensation payable for
the death of any member of a tribe or family should
be divided, we cannot fail to acquire a certain degree
of knowledge as to the distribution of property upon
the death of the owner, and shall be in a position to
understand the otherwise obscure rules as to the succession
to land contained in the first tract published in this volume.
The former of these tracts would appear to be of a veiy
modern date, and not to be free from the influence of the
principles of English Law. The reasons upon which the
conclusion is arrived at are the following ; (1) it distinctly
recognises acts of violence to be ciimes, and does not
regard them as merely torts, treating the consequences
of crimes in the light of punishments for wrongful and
illegal acts ; (2) the payments to be made by the criminal
or his guarantors are considered as compromises by which
he may escape the punishment due to his crimes, not as
arrangements by which the quarrel between the parties
is to be compromised ; (3) it seems to recognise a coercive
jurisdiction as possessed by the Judge to which the parties
were obliged to yield ; (4) it treats the execution of the
criminal, his imi>risonment, or his servitude as the possible
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INTBODUCTION. XCV
consequences of his crimes, and, as a logical result, discusses
the contingency of his evasion to escape punishment.
All these ideas are manifestly foreign to ai'chaic law.
The extreme vagueness and uncertainty of the use of the
terms " deirbfine " and " geilfine " in this tract are very
remarkable ; an uncertainty very puzzling to the authors
of the glosses and commentary, who have frequently to
correct and explain the manner in which these words are
used.
It appears that the former term is indiscriminately
used in three different senses : (1) as descriptive of all the
members of the geiljine organization, (2) as the deirbfi/ne
class as distinguished from the geilfine, and (3) as a term
descriptive of certain relationship merely.
The glosses and commentary are especially important in
dealing with this tract, as without a very careful reference
to them erroneous conclusions may be derived from an
unaided examination of the original text
The tract commences with a statement of the property
and persons liable to the payment of fines and compensation.
The rules of the priority here laid down may be summarized
as follows : — (1) The criminal himself was primarily liable ;
this is to be inferred from the words, "If he absconds,'*
commencing the paragraph, and stating thus the contin-
gency upon which the subsequent secondary liabilities arise ;
(2) The property moveable or immoveable of the criminal
in the second degree was liable ; when we proceed to the
second tract upon the subject it will appear that this
liability was considered as a charge specifically afiecting
the property in question ; it may be observed that this rule
involves the idea that the injured party had a legal right
to the payment of the fine and compensation, a theory of
anything but an archaic nature. (3) His father was liable
in the third degree, whose liability is obviously founded not
so much upon kinship, as upon his position as the head of the
household of which the criminal was a member ; this passage
is glossed with the explanation, " when he has no son, for it
is upon him (tiie son) it {the crime) should go before it went
upon thefiither ;" we may conclude therefore that the author
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XCVl INTRODUCTION.
of the gloss would introduce the son into the list in priority
to the father; it would appear that the original text
contemplates the criminal as forming portion of his father's
household, but the author of the gloss perceives that the
case of the criminal being himself the head of an household
has been omitted, and points out that in such case the son
whether as the co-owner of the household, or next in blood
would be primarily liable ; the old rule of the " coir-feine "
law cited in the gloss proves that the liability did not affect
ancestors or collateral relations so long as there was in
existence issue of the criminal to be made answerable.
(4) His brothers, in equal shares ; with brothers the liability
by reason of kinship here stops short, for the next class in
order are (5) his " deirhjine " (not deirbflne relations as in
the translation, for there is no word in the original equivalent
to relations) ; this word is explained in the gloss as equivalent
to " geilfine," and must therefore mean that the liability fell
upon the members of the geilfine organization, falling upon
the sevei-al classes successively, and ultimately upon their
default upon the geilfine chief personally ; such at least
is the conclusion we draw from the following gloss ; viz. :
"Upon the chief, i. e. the chief who is over the geilfine
division which happens to be there ; and it is not the chief
' of the deirhfine divisions, nor of the icirfine division. It is
on them (ilie geilfine division) the crime is charged before
he brings it to the "deirhfine." division from whom he [the
chief CiyjliRH taken their pledges." (6) The household in
which is his bed and where he is fed, which seems to mean that
the liability then falls upon those who have harboured hhn
and assisted his escape, for these words are qualiGed bj'^ the
gloss : " if he is not caught upon his bed." (7) The king, the
head of the tribe, as contrasted with the head of the family.
The second paragraph is evidently introduced from the
work of some other author, as it is merely a re-statement of
the rule laid down in the first paragi^aph, in a much less
satisfactory form. It is remarkable that in the paragraph
there is introduced after the " deirhfine " a class described
as the " taoibhfine," glossed as " his brother's side family."
This would lead to the conclusion that in the latter para-
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INTRODUCTION. XCVU
graph the "deirbfine" meant not tbo members of the
geilfine organization, but the first-oonsins of the criminaL
It is, however, not desirable to embarrass the dear state-
ments of the first paragraph as explained by the glosses, or
to start conjectures resting upon a paragraph so confused as
the latter undoubtedly is.
A mere sojourning stranger, from whom the chief had not .
and could not have taken pledges, if guilty of a crime, and
not possessed of property, did not render any of the family
or tribe liable to contribute to the fine or compensation pay-
able in respect of his crime ; he was simply "put upon the
road," declared " exlex," and abandoned to his fate.
(The principle that the liability to pay should be com-
mensurate with right to receive is remarkably laid do,wn in
the "following rules contained in the Commentary :)
In the case of any unintentional* crime except " killing,"
the erio fine is primarily payable by the criminal ; the
compensation ("what he owes beside the eric fine,** ie, the
honour price) is payable by his family " in the proportions
in which they divide his property/'
In the case of unintentional "killing" (with certain
exceptions) both the family and criminal contribute to pay
. the entire, whether he has means of payment or not, tho
criminal paying one "cunihaV of the compensation, and
the same share as his father or son in the six cicm^Ja of ^
dire fine, the family contributing the residue in the shares
in whicTi would divide his property. The reason for this
rule is stated to be that if he himself were killed the entire
family would participate in tho compensation. - , * . •
As to intentional crimes, the rule was different. In such
cases the criminal, his son, and his father were successively
liable to the full extent of their property in exoneration . ,
of the family.
When payments have to be made by the criminal^
they first fall upon his movable, secondly upon his _ '
immovable property, and finally upon himself,, by which is
jl ' * In page 249, line l,'U»<«fi^i<marU printed b^mUtftk^ for "v»in/fn<JM
! ■■• ,•:..- ; • . -,.. •• ■■ ^ . ■
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XCyul INTRODirCTION.
meant that he should serve for it until he worked out the
value,of six " cumhals." , '
At page 259 is discussed the proportions in which the
amount payable for " killing " should be divided among the
kin of the deceased. The words of the Commentary are as
follows : — " When the man who is dead in this case has a
son, he takes the cumhal of compensation alone, if he be
alive ; and if he is not alive, his fcither is to take it ; if he
(thefathei*) is not alive, his brother is to take it ; if he (the -
brother) is not alive, it is the nearest person to him that
takes it. It is thus the body-fine is divided — three cumliala
of dw'e-fine go to the son and to the father. There are
three cumhals of dire'Sne remaining after that ; a cumhal
of dire-fine goes to a brother (ilie brothers i) collaterally.
There are two cumliah of cZi7'c-fine still after this ; a cumluil
' of dire tine of these goes to the son and to the father.
There is one cumhal of dire fine there after that. This is
to be divided from the lowest man of the geilfme division
. until it reaches the uppermost man, and from the uppermost
man until it reaches the lowest man," &c.* Thus, of the six
^^Tlils pa^sag^c illustrates the connexion between the ather and son which so
'often occurs in ancient law. As long as the son forms one of the household of
which. the father is the head, he w obviously one of those in the hand of his
father, and a co-owner of the household property' ; but even after he has left tho
original dwelling and cstabli^^hed a hearth for himself, he docs not completely
succeed in shaking off his connexion Avith his parent. Hence the three emancipa-
tions requisite at Koman law to free the son from the pntria potestas. It is with
reference to this priuciplc that we may explain the passage in the last volume
which has produced so nvuch discui?sion, viz, : — " If the father is alive and has
two sons, and each of thcdc has a family of the full number— i.e., four —it is the
opinion of lawyers that the father would claim a man's share in every family of
them, and that in this case they form two gcilfinc divisions ; and if the property
has come from another place — from a family outside, though there should be
within in the family a son or a brother of tho person wliosc property came into if,
he shall not obtain it any more thin any other man of the family." (Vol. ill,
I'. 333.) From the present pas.sn^e it is clear that, although the son established
a separate household for himself and his sons, the fatltcr took a f^hare in the
money payable for his body fine ; aud hence it may be inferred that the father
was entitled to support in the son's house. If a son obtained orba lands, aud,
htfving four sons, established an independent " gcilfinc " system, it appears that
his father could claim a man's share in it. The point of the question in the
pas.sagc referred to ecems to be, what was the position pf thy father if he had tw j
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. ' INTaODUCTIOMT. XCIX,
cumhals of the dire fine, the father takes two, the son two,
the brother one, the geilfine division one. Aa to what is
styled the compensation fthe honour price) none of it passes
r to the geilfine division ; this the son, in the first instance, is
entitled to ; in default of a son, the father ; in default of
the father, the brother (or brothers) ; and in default of a
brother, the nearest person to him, by which we must
understand that it passes as a succession to the person or
persons who would be entitled to the brother's property
upon his death. This Commentary is appended to a text
which deals with the question, " Who arc they who divide
the chattels and the dihadh property (of a deceased person ?).
The answer to this in the original text runs simply thus —
"Four, father and son, brother and family." The Com-
mentary, however, upon this text deals with the mode in
which compensation and dire fines are divisible, and
between whom. ^Nothing can show more clearly that to
the commentator the persons entitled to "dibadh" pro-
perty and to compensation and dire fine were the same and
in the same proportion ; but he has certainly failed to
explain whether it was in accordance, with the rule appli-
cable to the compensation, or according to that applicable
to the dire fine, the dibadh property would devolve. It
" would seem that the rule applicable to the compensation,
not that applicable to the dire fine, is the analogy to the
rule for the devolution of the debadh property. The rule
sons, who had both obUined grants of orha land, and severally f oanded distinct
** families " in which of them should the father take his ^* man's share " and
how should his rights be arranged as between the two families ?
The opinion referred to laid doirn that the father had a distinct and indepen-
dent right to a ** man's share " in both of the families, although they formed two
distinct geilfine divisions. The second portion of the passage points out the
distinction between the rights of a father and that of any other member of the
family in the form -of an argument, viz. :— " So difTcrent is the position of the
father from that of any other member of the family, that in the preceding
case the father has his right to a.* mans share* in both families, although
in the subsequent case no member of a family, whatever be his apparent
equity, has any special rights whatsoever." The father in the supposed case
would occupy the anomftlous position of being a member of two incipient
' '- "famiUef."
- 8f 2
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C INTROBUOTION. ' ^ , /
as to the dire fine laid down in this passage is wholly in- .^
consistent with that stated in page 247, line 2. The latter J
passage is introduced as explanatory of the rule in page \
245, line 26 ; but it must be observed that the explanation \
is inconsistent with the rule which it is supposed to /
explain," and that, to make any sense of the passage, wo * ' '
must read at line 4 of page 247 " share in " for " take."
Now, the whole explanation is introduced to explain the
apparent anomaly of the family contributing to the payment
of the compensation for an unintentional killing, and no
such explanation would be necessary unless the fact of the
family sharing in the liability to pay, and the right to
receive compensation presented some difficulty which re-
quired explanation. This difficulty must have been that
the rules as to compensation were in some extent incon- .
- sistent with what would have bfeen naturally expected to
have been laid down upon the subject — that is, that they
deviated from the fundamental principle of the rules as to
liability to pay or receive fines and compensation with
those which regulated the devolution of property upon
death.
If the family, by which we must understand the parties
liable in the second degree, paid the amount to which the
criminal himself was primarily liable, they acquired a charge
upon his property, which they could enforce to taking
possession and the receipt of the profits. " The limit of the
duty of the family which pays his, the kinsman's, trepasses
until they are paid back every 'sed' which they have
paid, together with its profit, the grazing of the grass, nor
the must, nor the corn do not go into account against
.them."*
The injured party appears to have possessed a similar
right as against even the land of the wrongdoer, if he had
land, but the members of the family could discharge the
claim against themselves by handing over the criminal, and
retain the land for themselves. " And the family have the
choice whether to hand him over and have the laud to
• Page 257.
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INTRODUCTION. CI
themselves, or whether they will give the land for the crime ;
\ and it is within the choice of the family this lies." It
\ follows from this passage that the injured party had an
I . acknowledged, and acquiesced in, right to seize even the
? land of the wrongdoer in payment of his demand^ which
/ ^ would have led to the very inconvenient result of a stranger
V being settled upon the tribe or family land; what would
/ be the legal status of the stranger is difficult to understand,
\ whether he would be entitled only to the profits of land
f- held by the wrongdoer in exclusive ownership merely, or
/ whether the possession of the land would have drawn with
' it the accessories of sharing the common tribe land, and tho
i^ depasture of the waste ; to avoid this difficulty the family
might surrender the wrongdoer, and themselves acquire hia
portion of land. - ■ .
The second tract entitled " The Land is forfeited for
Crimes," is of a very miscellaneous nature, and of a palpably
late date. The idea of the forfeiture of the lands of a criminal,
irrespective of their value and amount, arose in the Englishand!
other feudal systems from the nature of the tenure of land.
The lord possessed the absolute ownership, tho tenant only
the usufruct upon the condition of the performance of the
incidents of his tenure ; the commission of a felony, in its
nature a quasi-treasonable act, terminated the right of the
tenant to the usufruct, and the land escheated to the lord of
whom it was held ; the escheat of the land in such a case
rested upon an entirely different basis from that of the *
forfeiture of the felons' goods ; but when the lajid was held
in absolute ownership, and the possession of tho owner was
that of the head or member of a family, although his goods
might be forfeited, the land could not ; the law as to the
gavelkind lands of Kent was a survival and illustration of'
this principle. In the preceding tract the wrongdoer either
lost the possession of his land temporarily until its profits paid
off the amount to which he was liable, or absolutely aa the
result of his loss of status, not as a punishment in the correct
use of that term. The author of this tract has thrown
together a number of loose memoranda and references to
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CU INTRODUCTION.
authorities upon the subject of tlio forfeiture of land, and
the fines payable in respect of theft, in a manner which
would suggest that they represent the heads of some law
"argument upon the subject. The case upon which he relies
is the remarkable decision as to the forfeiture of Bregia by
the tribe of Aengus Gabhuaidcch, in consequence of the
latter having wounded in the eye the King Cormac at his
.palace at Tara ; the circumstances of the case are fully set
forth at the commencement of the Book of Aicill in the
preceding volume. It is to be observed that in the original
authority there is no allusion to a forfeiture of the land at
all ; the decision was that the members of Aengus' tribe
should undei^o a " diminutio capitis," viz., that in a certain i
proportion the inhabitants should be reduced to the con-' ' 4
dition of " daer " stock tenants ; and that which is treated «
as a forfeiture of the land arose from their refusal to submit to - I
the sentence, and emigrating in a body into Munster. Our f
author treats the transaction as essentially a forfeiture in the |
nature of a punishment for a crime. " For what old Adam ;
did great things were lost,'* -i.e., as by the transgression "all j
the fruits of Paradise were forfeited by Adam, so his lancis , .
y^ere forfeited by Aengus."* ' ' t
,. Various other passages prove, the late date of this tract, ;
and that it was written either by an ecclesiastic, or under \
ecclesiastical influence, such as the following extract s
noted down for citation, " God has not formed corruption >
nor any particular species of violation, the merciful God 1
deems such things atrocious ; unless land is given no ^
umpire can heal tliem, i.e., unless land is obtained as the ^
eric-fine the crimes cannot be taken away, though it be J
a righteous judge who estimates them, for he would ^
pronounce no falsehood.''t In a subsequent passage we find *
an extract from the Gospel of St. John introduced by the \
well known phrase of " ut dixit lex'* It would appear in \
... 1
• ♦ Page 2G7. The peculiar judgment upon this occasion may have arisen from \
the fact that Aengus, when he voundcd £ang Cormac, was acting in an ofilcitl ^
character as the "atrc-ccAto" of his tribe,
• t Pago 2C5.
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INTRODUCTION.
cm
one passage that the author was attempting to introduce
the doctrine of the Roman " hjBres."*
Although evidently drawn up for some practical purpose,
the tone and manner of this tract closely resemble portions
of the introduction to the Book of Aicill, which the author
manifestly had before him, and it is probably of the same
and as late a' date.
Apart from a few incidental extracts from previous authors,
it cannot bo considered as an authority on the Brehon Law,
and is- valuable as illustrating the change to which the older
system must have been subjected from the influence of the
Church.
At the date of its composition the Irish lawyers were
perplexed by the conflicting ideas of the old law on the
one hand, and Christianity and the^ Roman Law on the
other, the state of mind so curiously exemplified by the_^
introduction to the laws of Alfred.
i
- The Succession to Land. , .
Li the preceding section we have endeavoured to ascertain
the proportions in which fines and compensations were
payable by the parties secondarily liable, as affording some
reliable information as the rules of succession to property,
and enabling us thus to explain the passages in the first
tract in this volume dealing with the subject, and as also
explaining the practical effect of the geilfine system upon '
the succession to land. s -
However strongly the rule may be laid down that the
liability to pay the fine or compensation falls upon those
who would be entitled to the property of the wrongdoer
upon his death, and in the same proportions, it is clear
that this liability could only fall upon the persons in esse
at the time, tliose resembling the class of persons entitled
under an ordinary English settlement of real estate,
whom we should describe as having vested estates in
renuindcr, and must exclude the unborn issue of all sucl\
' ' •Pagt!207. /-
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I
CIV INTRODUCTION.
although such issue may subsequently come into being, and
succeed to the possession of the estate. The rules for the
incidence of these payments must have been drawn up to
meet ordinary cases ; and the more complicated and unusual
must have been decided according to the principle involved
in these rulea^involved, not expressed — because the Brehon
lawyer is always dealing with specific concrete cases, and
however elaborate in his arithmetic calculations, never
attempts any abstract inile or definition. Before discussing J
the rules as to the succession of land, it may be observed a
that to a large proportion of the tribe land the legal idea ^ J
•of a succession must have been inapplicable. It is now an %
admitted fact that the Iiish tribe was not in its organization }
an anomalous institution, but was simply one example of \
those village communities which existed among all the ' J
early Aryan nations, and that the forms of all these com- /
, ^lunities resembled each other in their general features. In >|
all the numerous books published lately upon the subject, ^
this principle has been laid down ; and the difficulty in 5
dealing with the / subject at present is not to discover /
analogous cases, but to escape being entangled in or misled
by the countless examples of institutions more or less )
similar, with which we are now so abundantly furnished. \
The district of the tribe was at first as a matter of fact, and
was always in theoiy considered to be, the property of the
tribe ; from this are first to be subtracted the dwellings of j
the members of the tribe, with their curtilages ; next the j
chief's share ; and lastly, those portions of the general tribe 1
land which had been in same manner (it is immaterial how) i
allotted to individuals or families in exclusive ownership.
The residue of the lands, unappropriated to indviduals, con-
sisted of the common tillage and meadow land, and the
common pasture or waste. The common tillage and meadow
lands were divided out from time to time in separate pro-
portions, and according to some customary law among all
the members of tlio tribe who also enjoyed the right to - i
depasture the waste according to certain fixed rules. It is \
clear that to these latter two classes of land the idea of }
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INTRODUCTION. CV
succession is wholly inapplicable ; the right to till or graze
the public lands was a purely personal and temporary right
enjoyed by the individual as being a member of the tribo,
and enjoyed by his sons, not by any hereditary right,
claimed from or through their father, but in their own right
I as themselves being members of the tribe for the time being.
The ownership of these lands was vested in tlie collective
[ , tribe, but the rights of each member were personal, tempo-
[ rary, and incorporeal. But the nature of the interest of the
: owners in land cut out of the general tribe land, and allotted ,
'. in exclusive ownership was entirely different. They claimed
j^ . under a grant made to one or more persons, and made their
J title through the grantee or gi-antees ; this title to land is
usually spoken of as being hereditary, and the land In
question described as inheritable land, or land of inheritance ;
but it does not follow that although the title must be made
under a particular grant, and through the original grantee, •
that the actual^ owners stand in the relation of " heirs "• to
the person through whom they claim. Our modem ideas of
inheritance and heirship are involved with those of the
^ .^ transmission of property by descent and primogeniture;
\ and much of the confusion which exists upon this subject,
f has arisen from the inquiry proceeding upon the assumption
\ that purely local and arbitrary rules of our own municipal
[. . law are universal and eternal principles.
Land might be allotted in separate ownership for a
limited period (^.^r., for a life), or in perpetuity ; but
although the former class of grants are found among the A.
S. charters, In the case of the Irish tribes we have no reason ■
to believe that the grants were limited in-duration.
When land was alienated in pei^petaum, it passe4 upon
the death of the original grantee to the pei-son or
persons entitled, according to the custom,' to the succes-
sion to his property ; such persons might, or might not,
be identical with his nearest agnates; but even if they'
were, it did not follow that their title to the succession was
founded on descent or even blood relationship. The origin
of all successions appears to be not descent, but co-ownership.
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CYl IjNTRODUCTION.
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1
The legal unit is not the individual but the household ; the
head of a house acquires property for his household, and j
. possesses it as the manager of an implied partnership, not ^
as an absolute owner. The household need not include all *
his. descendants, or consist^ exclusively of them. The /
emancipated sons, under the old Roman, would not have \
shared in their father s property, which would have passed \
to an adopted son. Our ideas as to the transmission of -|
property. in ancient times are, perhaps, embarrassed by too |
exclusive a reference to the Roman law, in which the |
haeres presents a misleading resemblance to the feudal heir ; \
but in countries in which the technical unity of the family, i
exhibited in the existence of the Roman ha^res, was not |
continued, the succession was manifestly equivalent to j
survivorship among joint tenants ; and this principle of * \
survivorship applies not merely to the property of the head ::
of the household, but to that of every member of it. Let *-
" us observe how a perfectly simple process is obscured by j
the use of words. If a household consists of A, the father, ^%
and B and G, the sons, they are co-tenants or co-partners \xi
the property of the household, with the father. A, as the i
* manager ; if the father, A, dies, the property survives to B . i
and C, the sons ; in this case the sons would be commonly
spoken of as taking in the character of their father's heirs. - '1
On the other hand, if B, one of the sons, dies, the property '-
survives to A, the father, and C, the surviving son; we /
should in this case think that no rights to property had \
passed, and speak of the possibility of B succeeding to hia /
father as having ceased. Again, if a third son, D, is bom |
no visible change has taken place, but, in fact, a new mem-
ber has been introduced into the joint tenancy or partner- ^^
ship, and the rights of the three original joint tenants," !
diminished 'pro ianio. The* extent to which heirship is \
traced in the collateral line in any ancient law depends ' •
upon the greater or less magnitude of the original joint f
family. If, for any reason, families have hung together for j
several generations, continuing to form one household, \
the death of each member increasing the shares of all the 1
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INTRODUCTION. CVIl
other members in the common fund, the extent of collateral .
heirship admitted by the customary law may be very wide ;
and, on the other hand, it will be probably fotmd that in
the ca.se of a nation which, from some external reason, has
[^ acquired the custom of inhabiting small and distinct habita-
tions, the degrees of collateral heirship will be contracted,
• unless the idea of relationship be kept up by family religious
\ rites. The reason for the rule that the liability to pay fines
': and compensation fall3 upon the persons who would take
f the property of the criminal, and in the same shares, is that>
• as the family has to pay for the wrongs committed by its
members, the payment falls upon the common fund, and
r' diminishes pro tanto the shares of all who take by survivor-
' . This is illustrated by, and explains, a diflBculty which .
aiises as to the incidence of, and the rights to, finea In'
\ some passages the father is the j^erson primarily liable, in
] some the son, and in some they are represented as jointly
^ entitled to the compensation. Who in any given case were
f entitled to the succession, or liable for ^vl'ongs, must'
^ oii^j^Uy have turned upon the question of fact, who, at the
\ date of the death, or of the crime, were the members of the
household to which the deceased or the wrong-doer belonged.
The rules as to the succession to land have been em- "
barrasscd by the use in the Brehon Law of words descrip-
tive of different kinds of interests in lands, or, rather, of
lands distinguished by a reference to the nature of the
interests of the'possessors ; and the terms used are such as
involve a cross division. The primary distinction between
the general tribe-land and the lands of inheritance is per-^
fectly clear ; the former are the fearaii fine ; the latter are
the (yi'ba lands. The latter class of lands arc subdivided
into those upon which the gcilfine organization had been,
and those in which it was not, established. The former
lands are described repeatedly as."coibne" land — that is,
land which -was the property of an organized association of
persons. The root of the word seems to imply something
like the spreading, of branches from a common stock, and it
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CVllI , INTRODUCTION.
is frequently used to denote the association of 'different
individuals considered as one body in a legal point of view.
; There also occurs another term frequently used as descriptive
of land, viz., " dibadh," the explanation of which involves
much difficulty. It is used, as has been observed, in the
first tract as descriptive of common tribe land as contrasted
with coibne land ; it is also used to express the property
passing from a deceased to the parties entitled to the succes-
sion, and it is used in the latter sense evidently to describe
the share of a deceased co-owner in coibne land when it
passed by succession. It would appear that the term is
used rather in opposition to the term " coitne *' than as
descriptive of any specific class of lands, and desigates land ^ ^
which is divisible among various parties as tenants in \
common, and not as members of an association. The same ' •
land might be described as either " coibne " or *' dibadh,*' i
according to the rights of the individuals then under con- |
sideration. The question as to the succession to " cruibh " j
and " sliasta," the interests in which were created by express \
contract, may be postponed until after that of the two other /
classes — viz., (1) land of inheritance not subjected to the y
gcilfine organization, and (2) lands upon which a geilfine )
organization had been established -^
Assuming that the penalty for wrong falls upon the ]
household of the wrong-doer, and that the succession to his ;
property would take the.form of a sm-vivoi-ship of the other j
membei-s of the household, three possible cases would arise — ^
(1.) If the wrong-doer, or deceased, as the case might be,
were a member of his father s household, the liability would \
fall upon the father, and the share of the deceased pass to
him, in both cases in his character of head of the household.
(2.) If the son did not go out during his father s lifetime,
and after his death continued in the house in joint possession ' ]
with his brothers and their descendants, the latter would ']
both incur the liability and take the succession, in each case \
as the co-members of the household, but the transaction \
would apparently be different from the preceding case, for *
the fact of the succession would be hero apparent. *
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[ INTRODUCTION. CIX
( (3.) If the son had gone out and established himself as
I . the head of an independent household, the liability would
V fall upon, and the succession accrue to, his own children or
\ remoter descendants, the co-members of the household, and
^ in this case there would appear to be liability and heirship
i resting upon descent.
); The right to fines or compensation would follow the same
( rule as the liability to pay them,
[ In the latter two cases, if we were to speculate who at any
t given time might be the co-members of the household, our
V calculation would include all persons necessarily members of
/ the house who could come into being during the life of
( the wrong-doer, or deceased.
\ The two tracts in question in various passages state the
\ persons liable to pay and entitled to receive fines and com-
t pensation. The statements are apparently contradictory,
f but a clear idea of the order of priority may be obtained by
\ a careful comparison and analysis. We may disregard the
^. passages in which the general, word ** family " is used ; in all
y such cases the liability of the members of the family among
f themselves would be secundum legem, and this must be
\ necessarily implied. We may similarly disregard the pas-
f sages in which the term *' the nearest hearth " is used ; this
/. term must either mean the household next liable in order
-accprdiDg to law, or refer to cases inapplicable to the question
j: of succession.
In page 243 the order of liability is thus described : — (a)
the father ; (b) the brother ; and (c) the geilfine (see the gloss
as to the latter tenn, and the preceding gloss introducing
the son in priority to the father). In page 245 it is — (a)
the brother; (6) the geilRne division; (c) the deirbfine; ^
(d) the taoibhfine or the iarfine division ; and (e) the iar-
fine. In 247 it'is the son. In page 269 it is — (a) the son ;
and (6) the father; and in pages 249 and 268 it is simply
the geilfine. ,
As to the right to receive the compensation, in page 245-6
we are told that the body fine for the death of father or son
is payable to the entire family. In page 255 the father and
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the son of the slain take half the eric fine between them.
In the page 259 the body fine of six cumhals is divided in
the following proportions :— To the father, two ; to the son,
two; to the brother, one; and to the geilfine, one.
. These fluctuating dicta involve no real contradiction.
There is no statement in any of them inconsistent with the
others, if we suppose that on each occasion the author is
' dealing with some specific case, asserting the liability of some
individual defendant, but not defining the order of liability
of the persons secondarily liable as among themselves. |
Bearing in mind the pinnciple, "As long as there is a
family before him, it is not backwards he sues," there can
bo no difficulty in stating the order of liability and the
' reasons for it. . • -
The liability falls first^upon the persons who would be i
the members of his household ; if he were the head of an [
household, its members would be his own sons, and, there- ""i
fore, upon the son the liability fii'st falls.
If he has not left his father's family, the liability falls
. upon the father as the head of the household ; if he were
dead, those next liable are the brothers who would have been
joint owners with the criminal. '■ '
Thus the liability is confined to the persons who were, or
had been, members of the same household with the wronsr-
"doer ; but at this point the liability of relations stops, and i
the geilfine division of the "fine*' assumes the liability. )
There was no intervening liability between that of brothers j
and that of the general " family." /
If we now attempt to translate this priority of liability ".:]
into a theory of the succession, the following observations '^
appear of importances — , ]
(1.) The rule that the parties liable pay the fine in the \
proportions in which they would divide his property, does, . •
not imply that eo instanii upon death the property would ;
have been divided among the parties named ; it means that \
the liability, as a damnosa hercditcis, or negative quantity, :
pursues the same lino of succession as the actual inheritance ' }
would have punsucd, ';
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IXTRODUOTION.
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(2.) The term son must be read as " sons/' and inclusive
of the descendants of 50ns, and the observation applies to
the term "brother" also.
The sons of the deceased take in priority to his brothers; but
of such a rule, when once admitted to exist, there are two
possible explanations, either (a,) that the brothers succeed
if the deceased die without leaving sons or lineal descendants
surviving him, or (&.) that the brothers, or their descen-
dants^laiming through them, succeed to the inheritance upon
the general failure of the sons or their descendants, as wo
shoidd express it, upon the general failure of the male issue
of the purchaser; or, as it might be put, whether upon
failure of male issue of the origin«al acquirer, his brothers or
their descendants would claim as his heirs, or as the collateral -
heirs of the last of the issue. This involves the question,
what was the nature of the interest taken by the sons of
the deceased in his lands. At the present day, and in the
English Law, the eldest son, succeeding as heir to an estate -
in fee, takes the estate absolutely without any obligation to
transmit it to his own heir ; according to the old French
law of substitutions the eldest son took the estate, but was
deprived of all power of alienation, so that the successibn upon
his death passed to his heir ; and the principle of the Scotch
tailzie is similar.
In all early systems of law the idea of primogeniture is
absent, and the land passes to all the sons ; supposing it
thus to pass, the practical working of the rule of descent
hinges upon the question whether these sons take as abso-
' lute owners, with full powers of alienation, or whether all .
the male descendants of the ancestor have a claim to a
portion in the lands which cannot be defeated by their
predecessors ; and if so, how long does this right exist, or at
what date is it extinguished?
. Although the tribe may be considered as perpetual, and.
its members, at however remote a date, retain their rights
in the common land, there is no indication that the lands of
inheritance were subject to such a rule, which, if it existed,
would have bound property in a perpetual entail, and pro-
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CXll INTRODUCTION.
hibited alienation. It is to be remarked that in no passage
is there allusion to land passing to the descendants of an
owner generally, and in perpetuuvi ; on the other hand,
there are frequently allusions to the four first generations of
the descendants of the deceased, and the clearest intimation
that the head of a family, who was an owner of property,
could not alien for his own purposes, to the injury of his
descendants, and that there existed in the sons a certain
right to the father's land, sufficient, at least, to restrain 'the
latter's power of alienation. The residue of. the land of the
"Jine*' remains undivided until^the constitution of the
"innfine" class, which fixes a date connected with existence of
a fourth generation of descendants * Lands were estimated
"according to the amount of their property from great-grand -
don to the great-great-grandson "t this passage is explained ^
as stating the mode in which land is divided upon the death |
of a daughter (who must be a daughter, not of the original }
■1
ancestor, but of the survivor of his sons — although this is
immaterial), upon whose death the latest descendants en-
titled, afq specified as the great-great-grand-childrcn of \
common ancestor.
A remarkable passage occurs in page 287, which, whether
it refers to estates of "fuidhira" or iseparate property in
land generally, expresses the author's idea of hereditary i
. succession. " The son is enriched in the same i-atio as his , j
father, and the father docs not sell anything to the preju- *
dice of his sons, grandsons, great-grandsons, or great-gi-eat- J
grandsons." Thus, an owner of land was restrained from . j
alienation in favour of his foui* next generations of descen- '-\
dants, which implies that all the members of 'these four j
^generations took an interest in the lands of their ancestor ; j
and, if these four generations had thus joint rights in the I
land, as quasi-joint tenants, the death of any one would J
operate as a survivorship for the benefit of all the existing
members of the class, and the shares in the land would vary,
from time to time, according as new members were intro- \
duced upon their birth ; and if this hereditary right was
♦ Pages 283-287. f Page 33.
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INTRODUCTION. CXIU
/ :
not transmissiblo beyond the fourth generation, all the
existing members of the class at the date of the last division
(the date of the introduction of the last member into the
class) would hold in severalty, and form respectively new
hereditary stocks. It may bo suggested that the reason for
the assumption of four generations as the basis of this
1 system of descent, was as follows : — ^the land vested in the
V original acquirer, as head of his household, and as a portion
of the joint property, which he could not alien during his
( life, and the rights of those who succeeded to the land were
i . based upon the theory of their being the surviving members
: of his household. When the fact of succession passed into
I a theory for succession, the right' of succession would be
\ given to all^ those who could possibly have been existing
I members of the household at date of the death of the head,
i ' and descendants of the fourth degree were considered as
\ ^ the most remote who could stand in that position. A l^w
I of heirship founded upon such a basis would draw the limit
k of collectoral heirship at third cousins; this may seem. to^
^ " some a very narrow and imperfect scheme of title by des-
r cent, but the difficulty seems to us not to reduce it to this limit,
I but to extend it so^far. The succession, in default of sons,
\ passed first to the father, and then to the uncles of deceased,
but manifestly all more remote collateral relations were ex-
cluded, and the succession of the gcilfine class was equiva-
lent to a succession to the family to which the deceased
belonged. The rights of the heir-at-law, however remote
his relationship to the deceased, is a purely English and -
modem idea, imported into the feudal law by a very trans- ,
parent fiction, and almost within the present generation,-
systemjitized by recent statutes. As against the father or
the brothers, there does not seem to have been any restraint
upon alienation, and naturally because they could not have
been members of the household of the deceased, and they .
could not be considered, except by a fiction, as having any
joint ownership^ with the' deceased in the subject matter of
the succession. The " alienation " applied to the ownership
of land, such as we are dealing with, must be understood as -
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CXiy ' ' INTRODUCTION.
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alienation in aocordance with the local custom, and so far 'J
as it was thereby permitted, and is not to be confounded
,"\vith the unrestricted rights of disposal, which we now asso-
ciate with absolute ownership.
. In considering any rules of descent, it must be remem-
,bered that the terms son, brother, &c., are correlatives, and
possess no meaning until we have ascertained who is the
father, brother, fee, to whom they refer — untU we have fixed
the stii^ps, the relationship to wliicli determines the succes-
sion. The original stirps must manifestly be the head of
the household, when the land in question was granted in
several ownership out of the common tribe land ; but if the
right by descent were always traced back to the first
acquirer, the extent to which collateral successions would
exist must have been far wider than the text authorizes us
in concluding it to have been. If %ve are right in our
opinion tliat the general rule of all male descendants to a shar6
in the inheritance ceased with the fourth generation, it
follows that the liierabers of the family who then acquired
separate, not undivided shares, each became a new stirps
for a fresh line of descendants.
When land: has been granted out of the common tribe
.land in severalty, and as tlie''proi)ei'ty of an individual, if
,the inheritance become vacant by the failure of heirs to the
grantee, the land thus left without an owner falls back into
tlv3 general tribe land out of which it was taken. Whether
in such a case it becomes the property of the chief, or of the'
•members of the tribe, depends upon* the question whether
the chief has, as -^vas ultimately in most European countries
the case, succeeded in substituting himself for the general
. body of the members of the tribe as the representative of
the State. That lands of inheritance, upon which no geil-
finc S3''stem had been established, did so revert, is proved by
the special rule relative to extern iiilieritance in the case of
a fuUy organized "fine" in which latter case the geilfine
division were entitled to a succession, in the nature of an
escheat, in vacant inheritances. This we take to be the
meaning of the pas.sage in- page 285 :— " The geilfine extends
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INTRODUCTION.
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to five persons, and it is they that get the dihadh of every
kindred chief who leaves ' dibadh* property!" The phrase
" who leaves " is glossed " who becomes extinct of." The
geilfine division are here described as five co-existiag
persons, who take jointly an inheritance under certain '
circumstances. There would be no necessity for' the obser-
vation, if the " dibadh" property in question passed to theiu
as those primarily entitled to the succession ; their right to
succeed is a privilege connected with their official or local
position as the five men of the geUfine division. The pro-
perty in question. cannot have been the ** dibadh " property
of any of the seventeen men, for it would then have survived
to the men of the division of the deceased. This implies
that the five men of the " geilfine'* division represent the
entire "/in«" for the purpose of receiving successions, as
they represent the community in being ultimately liable in
- certain cases for the wrong committed by the members of^
the "^ne." If an allotment made' to a member of the
*'fine" other than the seventeen men, became vacant, by .
failure of heirs, the land fell not into the common property
of the " fine," but became the exclusive property of the five
' men. If brothers, however, take a succession next io the
sons of a deceased, this rule could not (subject to the excep-
tion subsequently noticed) apply until the " geilfine "system
had been completed, and the land divided among the
members, because every member of the "fine " must in that
case have left a brother or nephews surviving him, except ^
sixth or younger son of the first yeilfine chief ,. and a son of such «
son, or a sixth or younger son of the second *' geilfine " chief,
&c. Successions so very rare as these could not be considered
-as in the nature of a privilege or the subject of a special rule,
and, as up to the date of the final partition the *' geilfine !'
chief is assumed to be the owner of the waste, there would
^be little object in such a regulation; but its meaning is
evident if it implies that the fifth, "geilfine" chief,
and his four brothers, who jointly form the last and
permanent " gcilGne " division, continuing to represent tlio
"fine'' for the .purpose of liability];, continue also to repre-
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CXVl INTRODUCTION.
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sent it beneficially as entitled to the fiuccession to vacant ' '
inheritances. Their position would in this case be very 4
similar to that of the lord of a manor in the English law. .^
It is stated in the introduction to Mr. Curry's Lectures , |
that the succession was at firet to the sons or remoter - 'j
■male issue exclusively, but that ultimately the daughters ;*
became entitled if there were no sons.* Although the j
authorities cited to support this-seem to the cases and rules |
dealing with cruib snd aliasta land, there is no reason .to
doubt the general accuracy of the statement.
There are, undoubtedly, in the glosses to the first tract in
this volume, indications that at the date of the glosses,
daughters had succeeded in acquiring a right to succession
upon the death of their brothers, and that the later lawyers
altered the original text, by the introduction of words sup-
posed to have been omitted, and thus corrected the law to
make it accord with the later usage; thus, in the original text
at page 39,'line 23, there is the passage, ** an extern branch
stops it (i.e., the property) if the five persons of the geHfi/ae- . ' 1
ditn^iOTi perish." This is glossed as follows — "and in this- ./
<»se there is no female heir." This gloss manifestly follows^ ]
•up that in page 41, line 24, referring to page 39, line 16, " all \
the (7(jiZ/i?i€-division have become extinct, and all the land is ]
, obtained by the daughter in right of her female ' coarb '- f
ship, or as I have to tell concerning the diftadA-land of the* /^?
head (cinT)) to whom the land belonged, i.e., the daughter;
At is then the land is divided among the three tribes." The ^ \
right of females to a succession would be manifestly sug- ]
tgested by the feudal law ; the first English settlement was ■
• founded upon the assertion of . this principle; and such a
doctrine would be popular among the owners of land, natur-
ally desirous to transmit their property to their female
issue. The principle of female succession to lands other
than "crut6/i and sliasta, does not exist in the original
text, and appears as struggling into existence at the date of
the latest commentators ; such a theory of succession is in
contradiction to the old conception of the household, and ,
-*^ . :- ♦ Manners and.CustoiTMrVol I., p.,cbtj;» ' ■
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INTRODUCTION. .CXVll
. that it was repugnant to the opinions of the older school of
lawyers is shown by the restrictions by which it was limited
even in the case of ci'uibh and sliasta land. -
The obvious objection in a system of tribe law to female
succe&sion is that it naturally leads to alienate the lands of
i the family, and by intermaniages with externs to transfer
I * them to members of a foreign tribe. This difficulty arose in
1 the days of Moses. Thus, on the petition of the daughters
of Zelophedad, of the tribe of Manasseh, who had died in
\. the wilderness, Moses laid down the rule that the daughters-
\ should succeed to their fatherV inheritance if there was no
? son ;* but the objection to this rule was soon perceived and
I stated by the fathers of the family oi Gilead, viz., " if they be
j^ . married to any of the sons of the other tribes of the children
\ of Israel, then shall their inheritance be taken away from
f the inheritance of our fathers, and- be put to the inheritance
^ . of the tribe whereunto they are received ; so shall it be
X ' taken from the lot of our inheritance/*t The rule, as origin-
J ' ally laid down, had to be modified by the annexed proviso,
I " every daughter that possesseth an inheritance in any tribe
\ of the children of Israel, shall be wife unto one of the family '
) of the tribe of her father, that the children of Isi-aelmay
^ enjoy every man the inheritance of his father.. Neither '
} ^ shall the inheritance remove from one tribe to another tribe, ,
/ - but every one of the tribes of the children of Israel shall
keep himself to his own inheritance." J , - •
At whatever date female succession was established, it
appears to have been subject to a restriction- similar in
effect to the later Mosaic rule. " A female heir iaJxere rejenxd
to who has had the father's and the grandfather's land for a
time, and though she should desire to give it to her sons, she
shall not give it."§ The introduction of female successiou to
land is Contemporary with the birth of the idea of absolute^
ownership, and fixes the date at which the idea of the family
and tribe is finally broken up. Although the rule of
female succession existed under the Brehon Law it may
' • iTum. 27, 1. t M-, ch. 36, 1. t Id., v. 8.
N § Page 89, see gloss, p. 41, line f; .
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CXVIU
, INTEODUOTION,
be regarded as a proof of the late date of the author who
asserts it as a rule, and must be rejected frpm any state-
ment of the ancient law of succession;
The succession to the cruibh and sliasta land rested upon •
express contract, apd this class of lands consisted of those
whidi, to use a modem terra, were settled upon the mar-
riage of a daughter of the house; that this form of succes-
sion was considered as an infringement of the common
right of the family is proved by. the necessity of obtaining
» the consent of the geUfine-chiei to the contract. The effect
of this contract, it would appear, was to introduce the
daughter into the class entitled to the succession upon the
death 'of the father. It must be presumed that the daughter
during her life was entitled to the possession, as in the
- Welsh law in analogous case it is stated, "her gwaddol
constitutes her proprietorship if she abide by her kindred."*
The succession of her children was, however, much restricted ;
if she were married to a native freeman, her sons would be
themselves entitled to the rights of full members of the tribe •
and upon the obvious principle that th^y could not claim
at once under and against the custom, they lost, for the
^ general benefit of the family, two-thirds of the lands ; if her
sons were, through their fiither, " exiles and foreigners," i,e,,
if they had no claim to any portion of the family land under
the customary law, they were left in possession of the
entire at the will of the family, " while they are doing good
with it." If the only issue of the marriage were daughters,
there appears to have been a question whether they were
entitled to a succession. Their right to the land w^as estab-
lished by a leading case decided by Brigh, probably the
wife of the Brehon Sencha previously refciTed to,f and it
would seem that the passage introduced in page 41, line 16,
*is intended to be a report of the judgment. The case is
' thus stated — :" The mother had died, and loft'no son, and
there are no- sons, but daughters only And the daughters
shall obtain all the land with obligation to perform service
of attack and defence, or the half of it, without obligation to
• Ancient Law0,.&c., of Wales, vol. 2, p. 607, . t ^"^ 17.
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IKTRODUCTION. CXIX
perform service of attack anddefence ; aiid there is power over
them to compel them to restore the land after their time."
Hence it would appear that they were bound to indemnify
the tribe against ,loss by reason of their incapacity to
serve, or to compound for this liability by surrender of half
the land, as a tenant of a lease, perpetually renewable,
may, upon obtaining a fee-farm grant, free his holding from,
future liability to rent by releasing to the landlord a pro-
portionate part of the lands ; and that the interest taken
by the daughters was for their own lives,, and upon their
death the lands fell back into the common fund of land out
of which it had been taken. . ^ - , ,
f . . . ■
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Judgments. OF Co-Tenaxct/
- - . ' . • • • '
The subject of this tract may be more correctly described
as the rules regulating the mode of the partition of lands
held by joint tenants, and the rights which, upon the. parti-
tion, arise between the owners of the ses'eral portions.
The composition of the tract is remarkably consecutive^
and, from the authors point of view, logically "developed.
The commentary is unusually clear and intelligible, although
in some instances explanations are introduced which antici-
pate,, or are merely copied from, subsequent passages of the ,
original text ; thus the commentary in page 77 is identical
with the text at page 113; and towards the end of the
tract passages evidently taken from other writings axe intro-
* The word translated in the text '* co-tenancy* is translated by Dr. C Donovan >
as '* joint- tenancy.** This is a very remarkable error not as to the meaning of
the Irish word, but of its presumed English equivalent.* Tlic subject discussed .
in the tract is the rights arising between persons, who have ceased to be joint'
tenants by a severance of their joint-tenancy, and become owners |n ^vcralty of
their- separate holdings. We have no English term expressing such a le^al
relation, and the words " co-tenancy ** and •* co-tenants " have been used aa
tlie nearest equivalent expression. The learned translators did not profess to .
be skilled in the terms of English law, but they grie\ously embarrassed their-
translations by the use of technical wordji which, they could not be expected to
understand. The present editors, have carefully removed from the translation
every English terhi, the'use of which could lead only to a mbconceptioB of tho
original text. . ^ * , , "
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' cxi iKTRODUcrriOK: v
duced, some of which are difficult to understand, and others
directly contradict the leading principles laid down in the
body of the work. A remarkable instance of the latter case
occurs in page 147, from line 6 to line 19.
' This tract does not apply to any process similar to the
modem enclosure of a common. That the general tribeland
or public pasture should bo cut up into separate lots, and
divided among the members of the tribe in absolute owner-
ship, was foreigrf to the ideas of any early community, and the
author, at the commencement of the ti'act, carefully points
to the circumstances under which the relationship described
by him as "co-tenancy" arose. "Whence does co-tenancy
arise ! " he asks ; and to this question himself replies — ^"From
several heirs." We are here reminded of the important
statements referable to the land of the '*fine " in pages 287
and 285, the former of which states that the land of a family
was not at all divided, and the latter states that in certain
circumstances the members of the geiljinc organization '
divide^ among themselves the residue of the tribe land as
dibadh land, and that thereupon the family relations ceased,
and there was henceforth what was called a community
of people. The partition of the lands need not be confined
to the case of a "jft7zc," but must be extended to the breaking
up of any inheritance among several heii-s, which, if the
theory of the rules regulating the succession to land herein-
before proposed be correct, necessarily took place on the
completion of the fom;th generation of the descendants of
the founder of the household or first acquirer.
The author understands that the pre-existing rights, which
depended upon joint ownership, are determined by the fact
of the partition, ai^d that the owners of the several lots
must henceforth deal with each other individually, and
that their mutual rights depend upon an agreement contem-
porary with the division of the lands. " The heirs, in the
first place, partition their shares and tlieir possessions, and
each of them guards against the other of them, and each of
them gives a pledge of indemnity to the ether/'* The re-
• rage 69 ,• ;
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INTRODUCTION. CXXl
ciprocal rights between the adjoining and now independent
owners, which are to be thus secured by mutual pledges,
would in the civil or English law be infen'ed in the case of
any adjoining owners, and the transaction takes the form of
the mutual covenants, which are sometimes necessary, to
meet peculiar circumstances, in our deeds of partition. It isj
however, to be observed that the giving of the indemnity
was not accompanied with any detail of tho extent and
nature of the indemnity itself, which was defined and ex-
plained by reference to the custom, and that the material
pledge given and preserved was not the corpybs out of which
the compensation or damages was to be paid, but rather tho
evidence of the existence of a contract the nature of wldch
was assumed. • "Each cotenant shall place a pledge of the
valine of two 'screpuUs* on one of the rack pins of each
other's at the foot of the bed as security for the fulfilment of
the duties of co-tenancy ; and though he should not fulfil
them, this is not the pledge that shall be forfeited for it, but
the * smacht'-fine which we have mentioned before, or sacks,
or fines for man trespass according to the nature of the tres-
pass, if trespass! has taken place therefrom/'* Tho subse-
quent relation of the parties is clearly expressed in the phrase
-^** the new custom avoids the security,"t meaning that the
relations which had previously existed between the parties,
arising by implication from their position Jis joint owners,
had come to an end, and that their subsequent mutual rights
rested upon the legal consequences of the interchange of
pledges. ," *
The several lots in the land to be divided having been
ascertained, the duty of sufficiently fencing their respective,
shares fell upon the several parties. There are no rules given
for the extent of fencing, which - each several owner was to
execute, and as each fence was common to two properties, it
must in every case have been a matter of arrangement be-
tween the parties ; but^very specific directions are given as to
to the size and materials of the fences to be erected. There are
four kinds offence specified ; (I) a trench, corresponding with
♦rage 75. t ?•«« 74.
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CXXU ^ INTRODUCTION.
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what is now usually called in Ireland a " ditch ;*' a trench with
the eartli dug out of it, piled on'one side of it in the fashion
of a wall or mount ; the trench was to be three feet deep,
three feet wide at the top, one at tlie bottom, and two at the
middle. . The mound corresponded with the form of the
trench put of which it was excavated, being three feet in
height, three feet wide at the base, and one foot at the top,
(2) Astone wall of six feet in height, three feet wide at the base,
and one at the summit : this was evidently a dry stone wall
like those now common in the West of Ii-eland, because the
only instrument specified as necessary for their erection is
an iron bar, and there is no allusion to the use of mortar.
(3 & 4) The other two kinds offences, described as ia* "strong"
or " close " fence, or a "felmadk " (otherwise a naked) fence,
were of wood or timbers set together ; the details of these
are elaborately given, but must appear to the modem reader
rather obscure. The former is thus described : ",the top of
the one tree shall be .on the trunk of the other tree, and so
as that the smallest sucking pig could not pass through it
for its closeness, nor the ox pass over it for its height." . The
latter class of fence was not. of so substantial a nature.
" The naked fence should be thus made ; the length of a *
foot to the articulation (or separaiion) of the big toe is to
be between every two stakes, and six feet in its height, or
twelve hands, if it be measured by hands; and three bands
of interwoven twigs upon it, a band on it at the bottom,
another in the middle, and another at the top, and a certain
space between every two bands ; and . a hand is the length
of the pole (the inieriveaving) from that out, and a black-
thorn crest upon it at the top ; and every stake should be
flattened at top by three blows struck on its head, after
being first thnist hy the hand in the ground as ivell as you
can.*'* / The nature of the fence depended upon the nature
of the place in which it was to be erected, which is thus
explained — "a trench or a stone wall in the plain ; and the
naked fence in the half plain, and the close fence in the
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INTRODUCTION. CXXUl -
wood*** It appears from this that the right of separate
ownership was not confined to arable or even grazing lands,
but iu some cases included what would have been expected
to have formed portion of the waste of the tribe ; this separate
ownership of forest accounts for what would be otherwise
difficidt to understand/ the liability of owners of lands for
trespasses committed by wild animals. t The constant and
regular attendance of all tlie parties engaged in the fenc-
ing was attempted "to be secured by the very naif rule;
"each of them shall give his victuals into the hand of the
other at night, that he may remember to come in the •
morning to his share of tlie cotenancy work'^ and the
victuals of the/person that will not come may be safely
used, and if the victuals of any of them be used, he shall pay
finefor overuse."J
The i^chole theory of the damages paid in respect of the
most. usual foiin of trespass, the trespass of, a neighbour's
catUe, was calculated after the usual Brehon fashion, every '.
possible form and incident of the trespass being intro-
duced, as an arithmetical quantity, influencing the ultimate
result. In a passage in a later portion of the tract§ the
actual amount of damage done is suggested as the basis
to calculate the sum of the compensation to be paidl
" A worthy neighbour is brought to appraise the trespass,
and grass of equal value is givenh at ^the decision of
the neighbours ;" this matter-of-fact mode of estimating
the damage was probably considered unscientific by our.
author who proceeds to lay down every possible element in
estimating compensation, and to annex to each a fixed value. . .
These distinctions, if stated at lengthy would occupy much
space ; and the actual amount payable in respect o^ any
supposed trespass, or the possible number of results which
might be produced by varying the elements of the calcu- .
lation, is of little^ practical importance. This desire to
reduce matters necessarily fluctuating to certain results!,
this wholly misapplied pretension to arithmetical accuracy,
wai3 the essential vice of the Brehon law, and the glory of
• Page 77. \ Pajje 121. % Pag© 77. g Page 147.
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CJLXIV iKTRODUCTIOJf.' ' ^ * '.
its professors; the working of tins system was so fully
explained in the introduction to the last volume, that it is
unnecessary here to recapitulate it, and it is not needful on
the present occasion to dp more than to summarize what were
the chief elements in their calculations upon this subject. The
personal responsibility of the defendant, either by wilful acts
or culpable negligence, divided all ti-espasses into "man" tres-
pass, and ordinary or " cattle " trespass. The extent of the
trespass, whether the cattle had merely run in and upon the
lands, or walked about thereon and eaten the verdure and
crop; or had spent some time there not only eating but
lying down, was also defined ; and technical names were
given to these species of trespass, viz., " tairsce," " airlim,"
and '* feis ; " and the proportion of damages payable in
respect of each fixed, as so constantly occurs in these calcu-
lations, in the geometrical ratio of two.* The time at which
the trespass took place, whether by day or night, had to be
taken into account ; the former involving twice the compon-
sfttion of the latter. The season of the year could not be
overlooked ; we are told, *' that the year is divided into two
parts for regulating "smacA^ '-fines, for the * 8mac/ir-fines
of each quarter are not alike, because it is difiicult to regulate
. the ' smacht '-fines of the winter season, and of the spring
cold, for saved provisions are more precious than growing
grass."t The nature of the crop upon the land was obviously
the principal element in the damage ; the questions of the
existence or sufficiency of the fence, the period of the
duration of the trespass,. the number of cattle which tres-
passed, the number of gaps they crossed the fence, all
affected the result in fixed ratios. As a specimen the
♦ See the calculation as to the extent of the precinct, post^ page 227.
t Page 79. The division of the year, stated in the text, into two unequal parts,
Viz., the summer period comprising five mouths, being the last month of spring,
the three mouths of summer, and the first month of autumn, and the winter period
comprising the last two months of autumn, the three months of winter, and the first
two months of spring, was made, in the opinion of Dr. O'Donovan, with the object
solely of regulating the price of grazing lands.
•* That the Pagan Irish divided the year into four quarters is quite evident from
the terms Earrach^ Samhradh^ Foghmliar^ and Grimhridh, which are undoubtedly
AQcicnt Irish words, not derived from tlie Latin through Christianity j and that
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INTBODUCrriON, cxxv
following rules may be taken^ as to cases really simple^ and
involving only four of the above elements. " Font sacks
are due iovfeis trespass in a winter .grass field over a full
fence, twQ sacks for * atrZt7n '-trespass, and a sack for
' tairsce '-trespass. If it be trespass upon a pastured field of
winter grass land, or upon an inclosed field of winter moun* .
tain land, or winter wood, or an old winter milking place^ or
into an inclosed field of summer grass land, two sacks are
due for ^feis '-trespass, and a sack for ' airlim '-trespass, and
half a sack for ' tairsce '-trespass. 11 it he trespass upon a
pastured field of winter mountain, or winter wood, or an
old winter milking place, or a pastured field of summer
grass land, or into an inclosed field of summer mountain or
simimer wood^ a sack is due for 'feis '-trespass, half a sack
for airlim trespass, and a quarter of a sack for ' tairsce '-^
trespass. If it he trespass upon a pastured field of summer
mountain, or summer wood, or summer old milking place,,
half a sack is due for *feis '-trespass, and a quarter of a sack
for ' airlim ' trespass, and the eighth of a sack for/ tairsce '-
trespass. The eighth of. the eighth is the fine upon every
trespassing animal, for every beast is a trespasser in a co-
. tenancy. For the ' tairsce '-trespass of one animal upon a
pastured field of summer mountain pasture, whatever animal .
commits it,, the. sixth part of the half of one sack is due,"*
&a The liability for the -trespass is very clearly based upon
the neglect of the owner, ds appears from the exceptions,
viz.,. the cattle being driven over by a man or dog ; or
straying in consequence of heat or fear, or owing to any kind
of violence ; but these exceptions very properly extend only
to '^ airlim" trespass, for if the cattle be left on the land to
. each of these begaor with a stated da]r, three of vhich days are stQl Icnown, namely, .
BtdLXUdnt^ otherwise caUcd Ceideamhain, or beginuixig of summer, when they
lighted the fires Bt Uitnach at the beginning of SamhradA ; LugknasaJh, the
games of Lnghaidh Lamh-fhada, which commenced at Taillte on the first day. of .
I'oghmhat^ theharrest; and Samhain^ i.e., Samk fhnnt or summer end, when,
they lighted the fires at Tlachtgha. . ^
Introduction to the **Book of Bight9,*'p. liii, but see the gloss which Dr.
O'Donovan himself cites in the subsequent page.
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CXXVl ' INTRODUCTION.
' -_• '' ' ■ '' ' ■ / • ^•
eat and lie down, there is neglect on the part of the owner,
and the trespass becomes /' feis "-trespass.
In the ease- of lands not in cultivation or grass the fine
for trespass takes a pecuniary form ; thus in the case of the
church of ii " nemadh " person it is stated to bo an ounce of
silver, and the estimation of the amount is combined with
the numberof eighty-four cattle,in a manner which is far from
clear ; in the case of a king's dun fort, or a churchyard there
is no money fine fixed but " every hole made in the place is
to be filled up with eric-sod and the place pressed, stamped
QrUd levelled.* ^ / .
The trespass of horses involved a different question from
that of cattle; the mere halting of travellers on their road
could scarcely be considered in the light of a* wrong, and at the
same time an entry with horses upon land might result in
an action for the recovery of the premises, and it was the
duty of all the members of the tribe or family to prevent
thus, inan indirect manner,theinstitutionof legalproceedings.
Hence arose the two forms of horse-trespass, technically
known as "fothla " and " tothla " trespass. The former arose
when, travellers unharnessed their hoi-ses upon the lafid of
an absent man, and asked a neighbour accidentally present
where they had unharnessed their horses; it was the
neighbour's duty to tell them that the land was the private
property of the absent owner, and to warn them off, where-
upon if they did not leave the place they were liable for
tiie trespasses of their horses ; on the other hand if the
neighbour saw them with the bridles in their hands, as if
in the act of making a legal entry in assertion of a right of
ownership, he was bound to question them as to their object,
and in default of so doing, became himself liable for the
trespass, if the strangers were ignorant that they were in-
truding upon a separate property. The second case arose
if unknown strangers unyoked their horses in the land of
a separate owner, and the neighbour, accidentally present,
either expressly informed them, or by his silence i)crmitted
them to believe, that they- were not committing a trespass,
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INTRODUCTIOX. CXXVU
in which case he was himself personally liable forthedamages. -
Tills passage would lead to the conclusion that the elaborate
fences, directed in this tract to be erected about the lands
allotted in severalty, very frequently, if not ordinarily, had
no existence. ^
The trespasses of swine naturally were the subject' of
customary rules ; " if they eat the grass they are trespassers
like other grazing cattle. If they root up the land, other
land shall be given until proof of the restoration of the land
is completed ; that is until two horses in yoke are brought
and left there, and it is.seen that no part of the earth stick
to their teeth while grazing it"* The damages for the
trespass of swine were of course fixed with reference to the
supposed size and age of the pigs, but in a preceding
passage reference is made to an old and purely fanciful rule
that the hole made by the pigs should be filled up with
corn and butter ; if such a rule existed it must be referred
to some religious origin-t - .. ' ^ . '^ -
The young and troublesome pet pig, a constant source of
miscliief,. was a subject of special rules ; it was evidently
regarded as the prime t^ause of breaches in the fence and the
ringleader of the cattle in the homestead; "the young pig
which first brealis through the jfence, and shows the way.,
to the herd, there is a ' snidcht ' fine upon him equal to th^t
of one animal The second* time that he goes, there is a
'smaclW fine upon him equal to that of four animals, and
compensation equal to that of two animals. ^The third ^
time that he goes, there is compensation upon him equal
to that of three animals, and a ' smacht ' fine equal to that '
of seven unimals. The fourth time that he goes, there is a
'smadtt' fine upon him equal'to that upon the Avhole fiock,
and compeusation equal to that upon four animals."t ' -;
. The rules having been fixed as to ordinary trespasses, our-
author proceeds ^to discuss what must be considered as
purely imaginaiy cases ; it is difiicult to see where the rules
of practical importance end, and where merely legal specu-
lations^, and vain distinctions and discussions commence ;
' ♦Pflgo97. - ' t Page 99. . J Page 109.
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CXXVm ' INTRODCCTIOX.
but when the amount of " smacht " fine and compensation for '
-the trespasses of pet herons, hens, pot deer, pet wolves,
•pet old birds (hawks), pet foxes, and bees becomes the
subject of- quasi-serious discussion we surely have left the
regions of practicality behind, and arc witnesses of useless
displays of pure dialectic subtility.
As to bees it is very naturally remarked that their owner
cannot prevent their leaving his premises and flying into
thdse of his neighbour, "for they are swift, and there is no
restraint upon them, and because they do not fly all to- -
gether;"* in this case the owner was not guilty of a
wrong OS incident to their trespasses, and therefore there was
no '*8macht '-fine payable in respect of it, but merely compen-
sation. The only occasion upon which the bees of a neighbour
can be undei stood to commit trespass is when they swarm
into the adjoining land; the sole injury incident to this -
trespass is occupation by the swarm of some infinitesimal
portion of the neighbour s land, and the trespass involves
its own compensation, for the swarm fix their nest and make
their honey on the spot they thus wrongfully occupy. . Thus
the compensation for this trespass resolves itself into a
' joint ownei-ship of the honey produced by the swarm : —
*'How is .the .fine of their produce paid ? At the time of
smothering the bees, the man who sues makes a seizure of
that honey, and it goes into the keeping of safe hands,
and it is afterwards submitted to award. The decision
which is right to make aftei'wards concelming it is to
divide the honey between them into three parts, ie., a
third for attendancp, and a third for the bees, and a third
I for the owner of the land. And the third allotted for the
land is itself divided into three parts, i.e. a third is given
to the man who owns the bees on account of the land from
which they come, the other two thirds are divided between
- the four nearest farms, i,e, where the food is. If this dis-
tribution of it oveiy year shall bo deemed tiresome, each
^ nearest farm takes a swarm."
This passage affords us a means of understanding the
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INTRODUCTION. CXXIX
manner in which theso Brehon tracts are composecL The
whole question of bees is discussed in a subsequent tract in
this volume, and, upon a comparison of these rules with the
latter tract, it is evident that there were subsisting certain
simple well-known customs as to swarms of bees, and that
each author simply uses the subject-matter as a means of
displaying his dialectic powers in the elaboration of rights
and rules which never were attended to or expected to be
observed.
The question of the bees having been dismissed, the next
which is discussed at great length is that of hens. The
trespasses of hens may involve negligence on the part of the
owner, for by proper rag-boots fowl may be restrained from
wandering ; the absence therefore of rag-boots bring hen
trespasses within the class of man-trespasses, as resulting
directly from the negligence of their owner, and con-
sequently within a higher scale of damages. Great ingenuity
was displayed in classifying the nature of hen trespasses ;
first, the trespasses of a hen within a house, which are sub-
divided into three classes, viz., snatching away, spilling, and
wasting, for which respectively different compensations were
fixed; secondly, trespasses outside of the house in thegarden,
subdivided again into soft swallowing of bees, injuring
roidh-plants, and injuring garlic ; and further in such case
arose the further questions whether the bird were a cock or
a hen, and if the latter whether it were or were not barren.
The inconsistent repetitions in the commentary relative to
this case prove that it was a favourite subject of discussion
in the schools.
The most extraordinary discussion is reserved for the
case of dogs, the authors of which were certainly devoid
of any sense of the ridiculous. The feeding of a dog
naturally involves responsibility for its acts, but the dog
trespass, which particularly attracts the notice of the author
of the original tract is that involved in his depositing his
ordure on the land of an adjoining owner. The commentator
remarks that there are four trespasses of hounds, viz. roan-
trespass (i.e. trespasses against men), mangling of cattle,
i
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CXXX INTRODUCTION.
breaking of dwellings, and committing nuisance on land.
The three former he passes over without notice, and proceeds
to consider the interesting questions which arise under the
last head ; ** what is required by law is to remove the dog's
ordure out of the ground as far as its juice is found, and it
{the ground) is to be pressed and stamped upon with the
heel, and fine clay of the same nature is to be put there as
compensation. This is the test of reparation; that two
horses of a chariot in yoke come there and graze there, and
if no part of tlie sod of grass stick to their teeth in grazing
on it tlie reparation is complete. And three times the size of
the ordure is due for compensation, and its size of butter
and its size of dough and its size of curds ; and the part of
them that is not obtained in the one is to be claimed in the
other afterwards. And if it be in the presence of the owner
that the hound has committed nuisance on the grass, a
fine for man trespass shall be paid by him for it."*
Man-trespasses, properly so called, wrongful acts committed
by the defendant himself in respect of the land of an ad-
joining owner, are divided into various classes, and described
by^ specific technical names ; but as no explanation is given
of these tenns, with the exception of "fothla"and"tothla"
trespasses, it is impossible to. explain the distinctions to
which they refer.t
The subject of " man-trespass " is resumed at a subsequent
pagej: and treated of at considerable length and in the
usual manner. The first wrongful act discussed is that of
cutting down trees or imderwood upon the land of another.
The various species of trees and shrubs are divided by the
original writer, and more in detail by his commentator,
into various classes, founded upon some nobleness inherent
in the trees themselves, and the extent to which the tree
is injured forms of course an element in the calculation.
The following extract is sufficient to illustrate these rules : —
"For the cutting of trees or stripping them, full 'dire* fine
is paid for each, i.e., a perfect compensation for the portion
of them which is damaged, and five ^seds* as 'dire -fine.
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IKTRODUCrriON. CXXXl
But all trees are not equally noble^ for there are seven
chieftain trees and seven common trees, and seven shrub
trees, and seven bramble trees, and the 'tZire'-fine for each is
different The chieftain trees are oak, hazel, hoUy, aah^
yew, pine, apple. The ' dirs '-fine of the oak ; a cow-hide
is due for stripping off it the barking for a pair of woman's
shoes ; and an ox-hide for the barking of a pair of man's
shoes ; and also to cover it until the test of its recovery is
had, i.e., smooth day and cow-dung and new milk are to be
put upon it until they extend two fingers beyond the wound
on, both sides, and half /I716 shall be for it until it is whole.
For cutting the trunk a cow is paid, and five seds are its
' dire '-fijie. A co/pctcA-heifer is the fine for their great arms,
or for their small oaklings ; a 'daiH' heifer for their branches.
The ' dire * fine of every chieftain tree of them is such."*
The only class of man-trespass dealt with is the breaking
down and passing through a fencef (the English trespass '
qudre clausum /regit). As to this, distinctions are drawn
having reference to the extent of the breach and the status
of the wrongdoer, and in the latter case the compensation
to be paid by the native freeman in every case is double of that
payable by a stranger, probably because the payment of
compensation arises from an implied con{ract, and is not
founded in theory upon the tort.
There are four exceptional cases in which it was justifi-
able to make gaps or breaches in private fences : — (1) a
breach before the hosts, which is glossed to mean "in
fl3diig before an host," but which reference seems rather
to mean " to permit the advance of the host " ; (2) before
provisions, glossed " of the host," which would mean,
for the purpose of bringing up supplies to the host; in both
these cases the host must mean the armed array of the
inhabitants of the district in which the fence is situated;
(3) for the passage of chieftains '^ if they had found no other
passage,'' and (4) for the conveyance of materials for the
* Page 149. Sec the notes appended to the text as to the mcamng of this
difficult and obscure passage.
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CXXXll INTRODUCTION.
erection of any of the following buildings, (a) a mill, (6) an
oratory, (c) a shrine, and (d) a king's dun fort.
The principle of a right of way of necessity is clearly
stated; such rights must have immediately come into
existence upon the divLsion of joint tenancies into separate
lots ; this right is however fenced in with peculiar restrictions
which prove the exclusive possession by its owner of the
sei'vient tenement, and the anxiety of proprietors to prevent
the acquisition by their neighbours of easements by continued
user ; " There is one stay (qxtere, restriction on full enjoyment,
or easement) which every co-tenant is entitled to from the
other, i.e. in a land without an opening, without a road,
without a way ; he is entitled to full passage over every
co-tenant's land that is next to him, but the manner in which
he is bound to pass is with six persons about him, three
persons from the owner of the land, and three persons from
the man who seeks the passage shall attend to keep them
(the cattle) close to the fence in order that they may not
spread over the land. If he has a way, this may be omitted ;
if there be two* mounds to it, or two stone walls, he is
restrained by them, for they are witnesses. "*
The liabilities or duties annexed to lands held in several
ownership are expressly laid down in this tract; this
subject has been already noticed with reference to the rights
of women to land, but the enumeration in the following
passage is worthy of a reference : —
" The liabilities of land now, i,e^, service of attack and
defence against wolves and pirates, and attendance to the
law of the territory, both as to the hosting and feeding and
service of defence."
" The liabilities as regards roads, i.e., a fence is required
for it alone, and it is necessai^y to cut them and cleanse them,
and remove their weeds and mire in time of war and of a
fair ; and because it is expected that each should assist the
other.t
Very interesting information is given incidentally in
the commentary on this tract, which proves the existence
♦ Page 167. t Page 145.
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INTRODUCTION. CXXXlU
at the date of its composition of tenants in the modern sense
of the term, holding land for periods either fixed or uncertain,
and paying rent in kind. The details as to this mode of
land arise incidentally from the discussion of the liabilities
and rights of the owner of a several lot, who is absent at the
date of the partition and as a necessary consequence does not
erect the fences between his portion and those of the adjoining
owners, or who leaves the district to escape the fulfilment of
his duties in this respect In such a case the two adjoining
owners would have no complete fence to theii- portions, aa
far as they meared the lot of the absent man, and his
abandoned lot would lie between them, enabling their cattle
to trespass across upon their respective holdings. In such
case the adjoining owners can distrain upon his property,
if he has any, until he makes the fence ; if he has no property
they can distrain the '' next of kin to him of his family,"
until they fulfil his duties on his behalf. This is explained
in the commentary as follows : — " Let them distrain his family
until they fence their brother's land,"* showing that the lia-
bility would fall on the members of the household to which the
absent man had previously belonged. If his fistmily were
unwilliag to fulfil this obligation, they could escape it by
conceding the right of grazing the land to the two adjoining
proprietors, who in consideration of the year's grass them-
selves complete the fencing of the land, and occupy the
derelict lot with their cattle in equal proportions. If the
absent man return in the course of the year, and find that,
his fiBimily having refused to fulfil his duties on his behalf,
hiB lands are in the possession of his neighbours, he was held
to have a daim upon his family, who by their failure to
perform their duties to him had caused him to be temporarily
left without home or farm. His rights under these circum-
stances agaiost his family are explained in the following
rather obscure passage : — " If the deserter has come /ram out-
side into the terHtory after this, his family shall give him
land diuring the term of the hire (lit. loan), and they shall
obtain the hire, and the part of his farm-buildings which
♦ P«6« 131.
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CXXXIV INTRODUCTION.
he may have found on his coming back shall he obtained
by the deserter. If hLj family have land, and they give not
of it to him, the hire is to be obtained by those who are
outside, and the portion of the erections which the law has
not declared forfeited, the family shall purchase for him. If
the family had no land at all, they equally divide the hire
between the time and the labour, and he hiinself purchases
the portion of the erections which the law has not confiscated.
If the family have land, and he would not accept of it,
the hire shall be divided equally between time and labour,
and lie- shall obtain no portion of the erections."* The
explanation which we suggest for this passage (the general
meaning of which is not obscure) is that notwithstanding
the division of the land in several lots, there still survived
certain obligations among the members of the several houses,
both towards third parties, and inter sese, to aid in carrying
out the works incidental to a partition, and therefore if the
family failed to fulfil their duty to an absent member, and per-
mitted the adjoining owners, in consideration of fencing the
land, to' occupy it for a year, they were bound specifically to
compensate the owner on his return for the tempoi*aiy loss
of his holding. If the word translated " hire " is taken in the
double sense as meaning both allotting," and the "subject-
matter of the letting," the rules may be read thus : —
A. On his return his family must provide an equivalent in
land during the residue of the j'^ear; his family shall be
entitled to receive from him the letting value of the land,
and at the end of the year ho shall be entitled to whatever
"improvements" -shall have been made by him on tho
portion of land so allotted to him.
B (1). If his family have land of their own and do not
allot to him an equivalent therein during the residue of the
year, land must be procured for him from a third party
during the period, and his family pay the rent of it for him,
and all the "improvements" which he shall have efiected
on the land at the end of the year must be purchased by
the family for him.
•Pago 181,
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INTRODUCTION. CXXXV
(2). If the family have no land, they must give him in
time and labour an equivalent to the value of his land
during the residue of the year, and he must in this case
himself buy in what in the preceding case the family were
bound to purchase for him.
(3). If liis family offer him a compensation out of their
lands, and he refuse it, they are bound to compensate him
in time and labour equivalent to the value of the land for.
the residue of the year, and he loses all right to the im-
provements.*
The difficulty in understanding this passage arises specially
from the mode in which the rights of third paifcies are
made apparently to depend upon the dealings between the
owner and liis family and as was before stated this explan-
ation is very uncertain and not perhaps more than conjec-
tural in its details.t
Some commentator upon this passage, fortunately for us,
has had his attention directed to tlie question as to the
rights to the ''erections" upon the land, and not very
logically proceeds to explain the rules on this subject bb
between landlords and tenants in the modern sense of the
term. From this passage wo conclude that there were two
modes of letting land, viz., for an indefinite term, and for a
fixed period, but that in both cases the lessor could resume
possession, and that the fact of the period of the holding
being ascertained bound the tenant and not the landlord.
The terms " with necessity ** and " without necessity "
in this passage, applied to the act of either landlord or
tenant in determining the tenancy, are the same as are
used in reference' to wrongful acts in the other portions of
these laws, and in such passages they have been translated
as '' intentional " and " unintentional ;' the meaning of the
word '' necessary " as qualifying an act may be taken to be
* See the explanation of this passage giren at page 135.
t The sabsequent commentator seea the difficulty of explaining these rnka and
suggests the f oUowing key to their meaning, tiz :--** It ia the land of another man
that he has in this case let oat on hire*" (p. 135); that Is, that when the family
procure land from a third ptrty for the use of a <* deserter ** they occupy the
doable position of tenant and landlord*
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CXXXVl INTRODUCTION.
that the act in question was the natural result of the
circumstances in which the peraon who did it was then
placed ; thus a " killing with necessity " would include
justifiable homicide or manslaughter, and a ** killing without
necessity " would be equivalent to our term murder, meaning
the slaying of another wrongfully and " with malice afore-
thought ; " the best translation of these terms in relation
to the determination of a tenancy would seem to be " reason-
ably" and "unreasonably," a qualification of an act not
very logical, and probably expressing the general opinion of
the neighbourhood upon the moral aspect of the transaction.
The rules laid down on this subject are as follows : —
A. If the letting be for an uncertain period, in all cases
the tenant, if he determine the tenancy, leaves the erections
behind him ; but if the landlord determine the tenancy for
any reason whatsoever, the tenant may carry away the
erections with him.
B (1). If the letting be for a term certain, on the expiration
of the term, the tenant must leave the erections behind
him.
(2). If the tenant determine (surrender) the tenancy for rea-
sonable cause, the value of his erections is apportioned between
(having reference to) "time and labour;" but, if without
reasonable cause, he must leave them behind.
(3). If the landlord, even on the last day, unreasonably de-
termine the tenancy, the tenant may remove his erections ;
but if reasonably, there is a division of their value having
reference to time and labour.
C. If the lands have been let for agricultural purposes, with
anagreement to manure and dung them, and a period has been
fixed for the determination of the tenancy, the case follows
the ordinary rule ; but if no period baa been fixed, it shall,
nevei-theless, bo considered as a tenancy for a fixed period —
such period to be ascertained by the award of " the neigh-
bours ;" the grounds upon which it would proceed may be
gathered from the commentary, at page 137. "If he has
specified no particular time between them at all, the land
shall belong to the 'man without' (i.e., the tenant, as con-
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INTRODUCrnOK. CX3CXVU
trasted with the owner), until the time of bis manure or
dung has been taken out of it"
D. If the letting be for grazing, and " for forming erec-
tions " (with a covenant to erect buildings), the rent is '^ one-
third of every animal on which there is increase ;" but if
for grazing only, eveiy seventh cow is left for payment of
the rent, but the tenant is allowed for every seven cows to
pasture without further payment, in addition to every seven
cowSy as many sheep as were considered the equivalent of a
cow.
E. If the tenant has agreed not to break up the land, and
has ploughed it in violation of his agreement, the " tillage
and seed " are forfeited, and he pays five '* aeda " as damages;
but he can always break up the land if there was no agree-
ment to the contrary.
F. Farm buildings found upon the land by the tenant,
are, at the determination of the tenancy, to be treated as
having been erected by him.*
Some information as to the rent of land may be obtained
* Page 133. These equitable doctrines applied only to free contractual tenants.
Tlie unfree cnstomnrj tenants were very -differently treated.
" The free tributes, as I have heard,
Are they which we have above mentioned ;
Of the noble tribes these are dae,
Who are upon lands external [to the mensal lands].
^ The unfree tribes, — a condition not oppressive,
They are in his [the lLing*s] own lands ;
Servile rent by them, it is the truth,
Is to be supplied to the palaces of the chief king.
** The tribute which is due of these
[IsJ is of fire bote and wood ;
[also] the renewing of his cloaks, constant the practice,
A tribute in washing and in cleaning.
" This is due of the best part of them
Run and purple of fine strength.
Bed thread, white wool, I will not conceal It,
Yellow blaan and binnean.
** from th€ tmfree tribes 0/ ignoLU emtntenoMcef
Whofy with the rentjrom the land^ •
Tteice at much is due
Ai they had carried off from their /atherUmdJ*
Bo6kofRighU,''^7!3AJL
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CXXXVm IKTUODUOTION.
from an earlier passage in this tract dealing with the mode
in which land-trespasses are estimated ; the answer which
it gives to this question is as follows : — *' From its rents ; if
it be winter grass that is injured, two-thirds of its rent is
(he fine for the trespass i if summer grass, it; the fine, is one-
third."* On this passage the gloss says: — ^" Two- thirds of
the fair rent, or price that is paid for its * feis '-trespass
and * airlim '-trespass is what ia paid for ite *airlim'-
trespass only, for it is four sacks that are paid^or its ' feis'-
trespass, and two sacks for its * airlim '-trespass. Two-
thirds of the rent which is paid for a " Tir-Cumhaile " of
the best land to the end of three quarters of a year is what
is due for 'feis'- trespass in a meadow of winter grass-land
over a full fence, i.e., three ' screpalls ' for the three quar-
ters ; i,e,, two ' screpalls ' for * feis '-trespass in winter,
and one 'screpall' for * feis '-trespass in summer, and this
is the third of the three ' scrcpalls.'t
Those who are desirous to work out questions of this
nature, are referred to the Tmct entitled "Divisions of
Land," contained in tliis volume, in which the measxires of
land are explained, and the addition or diminution in the
value of land produced by the presence or absence of
various qualities.
The letting of land, as explained in this tract, was car-
ried on upon essentially mercantile and equitable principles,
and was wholly unconnected with any feudal tenure.
Sir H. S. Maine has successfully shown that the feudal
relation of Lord and Vassal among the Irish (so far as it was
developed) rested upon the hiring out to the less wealthy
classes of cattle and not of land. The benefice which the
tenant received as the consideration of his services, must have
been of value, and not otherwise easily attainable ; and Sir
H. S. Maine therefore points out that in the earlier stages of
society there was a superabundance of land in proportion to
the amount of cattle available for cultivation and maDure, and
that what the vassal desired and obtained was not land to
till or pasture his cattle upon, but cattle for the purpose of
♦ Page 97. f P*g« ^7.
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INTRODUCTION. CXZXIX
utilising his otiherwise valueless lands. This tracts however;
exhibits to us a condition of society altogether different from
that in which the * saer ' and * daer '-stock tenancy took their
rise. We find tenants paying very substantial rent under
grazing leases, tenants willing to expend money in " erec-
tions/' and manuring their holdings, and also that the ,
custom of tenants taking land for agricultural and grazing
purpose, had existed sufficiently long for tlie development
of a custom determining the duration and incidents of the
tenancies, and the respective rights of* landlord and tenant
as to future and permanent improvements. The maikifest
inconsistency between cattle-tenure and the rules laid
down in this tract on the relation of landlord and tenant, is
one of. the many proofs of the social changes which must
have occurred between the date at which the older Celtic
customs were in force, as being in accordance with, and
springing from, the daily needs of an existing society, and
the period when the latter and speculative commentaries
were composed ; and, therefore, of the impossibility of ex-
tracting any one uniform system of jurispiiidcnce from' the
mass of Brehon Law Tracts of unknown authorship and un-
certain date.
The contents of this tract are sufficient to put an end,
once and for ever, to an assertion, which seems tp have
become an axiom adopted by all authors on Irish history and
antiquities, and which has also gained considerable political
notoriety, namely, that the ancient Irish had not attained
to the idea of exclusive ownership in land, and that all the
land, until the influence of English law prevailed, was con-
sidered as the joint property of the tribe or family. It is
evident that the several and individual ownership of land
was perfectly familiar to the Irish lawyers, and that the
most advanced applications of this doctrine, such as hiring
of land for limited periods and under speciiic covenants, and
also the doctrine of servitudes, were not unknown. The
question of importance upon this branch of Irish antiquities,
is not whether several property in land was known, to the
Irish BrehonSi but what was the proportion which, in the
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Cxl IKTllODUCTIOK.
historical period, the lands held by the body of the tribe
bore to those appropriated to individual and separate owners.
In an introduction, such as the present, many interesting,
although incidental, statements, which are of much antiqua-
rian value, must necessarily be left unnoticed.
None of the Brehon tracts gives more complete materials
for estimating the merits and demerits of the early Irish
lawyers than does the present. This may be attributed to
the fact that the work in question, being probably of a late
date, contained few diflSculties in its construction, or re-
ferences to ancient and antiquated customs. The glosses
prove that the subsequent commentator felt no difficulty in
understanding the original text. The subject matter was
also practical in its nature, and remarkably adapted for the
mode in wliich the Brehon school dealt with legal subjects.
In despite of a style singularly wearisome and confused, it
is impossible not to observe that they have worked up into
a consistent form a mass of local and varying customs;
that they have laid hold of important legal principles, though
in an uncertain and illogical fashion ; and that in the selec-
^tion of their rules they have exhibited an honest and
equitable spirit ; on the other hand, this tract illustrates
their incapacity to arrive at legal abstract propositions, and
the extreme indefiniteness or mistiness of expression to which
they were habituated ; their prevailing error of mistaking
arithmetic conclusions for definite propositions ; and, lastly,
their predelection to wander away from the practical appli-
cation of their rules into the discussion of imaginary and
fantastic cases, which were elaborated in the nature of
scholastic speculations. The wisdom, for which the Brehon
lawyers obtained such undeserved credit, rested upon the
fefeblest, not the most important, portion of their work. The
vulgar of the day may have listened with amazement and
admiration to discussions as to the various liabilities of
hens, or the trespasses of dogs ; and most of their modern
translatora and students, confessedly ignorant of jurispru-
dence, seem to have been struck with astonishment at these
dialectic performances ; but the test of the merit of every
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INTRODUOTIOK. cxll
legal school is its success in the application of its scientific
conclusions to the practical affairs of life. That the Brehon
lawyers reduced the mass of customary rules into a tolerably
definite form, and contrived to base their doctrines upon a
foundation more or less logical, and that, although possessing
no original jurisdiction, by the general equity of their
decLsions, they succeeded in establishing their judicial
power, are merits which the cursory student of the present
day, repelled by the form of their works, is perhaps too slow
to admit.
vn.
BEE-JUDGMEirrS.
Tho culture of bees in the middle ages possessed an
importance which, in our modern days, it has altogether
lost. Until the introduction of sugar into Western Europe
at so cheap a rate as to admit of being considered an article
of ordinary use, honey was largely employed as the only
means of sweetening the food ; and almost until our own
days the consumption of wax for candle was very extensive.
At whatever date the sugar-cane was first cultivated in
Europe, (the western nations first became acquainted with
it shortly after the date of the first crusade), the extensive
use of this article in Ireland cannot have arisen before the
introduction of West Indian sugar at the end of the 16th
century, up to which date the cultivation of bees must
have continued to be a matter of considerable importance
in Ireland.
The importance of bee-culture in Ireland is proved
by the weU-known legend relative to their introduction
into the island. This is printed in Colgan's '^ Acta Sanc-
torum," under the date of the 13th of February, the feast of
St. Dominicus, or Modomnicus. As the book is not easily
accessible, the passage is here transcribed: — ^''Narratur
ibidem et aliud de ipso S. Modomnico seu Dominico
miraculum vere prodigiosum, universse patriae continue
veritate proficium, et perenni famft viro sancto gloriosiun.
Traditur enim primus esse, qui vel apes absolute, vel
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Cxlii lOTRODUCTIOy.
ealtem certi generis apes in Hiberniam transvexerit ; nnde
magna deinceps in illo regno, qui ante caruit, apum ei
mellis abundantia remansit. Sed quia htec periodus, ut
fitbulosa, a durae cei-vicis hereticis irridetur, et quibusdem
emuncta3 naris Catholicis ianquam parum fun data niinim6
arrideat, placidt plures, eosque graves et vetustos, ejus
producere testes. Cum S. Modomnicus, discipulus sancti
Patris (S. Davidis) ad Hebemiam reverteretur, et navem
ad tranafretandum ascenderet, ccce omnis multitude apum
terrad illius, undo exierat, consequens eum, in navi cum eo
consedit. Ipse enim examinibus apum nutriendis atque
servandis, diligentem curam de Patris David mandato
dabat, ut indigentibus aliqua ciba suavioris oblectamenti
ministraret. Discipulus vero nolens tanto beneficio fratres
defraudare, iterum ad Patris presentiam rediit, sequente
tamen eum turbtl apum, qu80 ad alvearia propria prorexerunt.
Cum secundo valefaceret fratribus, et viam suam carperet,
ecce apes, ut prius, eum insequuntur ; quod cum videret,
iterum ad fratres revertitur; et similiter eum apes omnes
concomitantur. Cum tertift vice hoc factum iterassent, et
vir Dei nullatenus vellet eas a fratribus abduccre, eum
omnium fratrum benedictione et Patris David, licentiam
transfretandi cum apibus accepit ; apes quoque S. David
benedicens, ait ; terram, ad quam properatis, vestro abundet
semine, nee unquam deficiat vestrum inibi semen vel
germen • nostra, autem civitas a vobis in perpetuum im-
munis, nee ultra semen vestrum in e4 exerescat. Quod
usque in presens tempus completum esse cernimus; nam
si aliunde in illam tivitatem deferantur, nequliquam duraro
possunt Hibemia autem insula, in quH usque tunc apes
vivere nequebant, postea magnd mellis et apum fertilitate
florebat. Quod enim ibi apes autea vivere nequebant, ex
hoc coUigitur, quod si pulveres vel lapilli de Hibemia inter
apes aliarum terrarum projicerentur, fugientes tanquam
nocivam devitabunt.
"Hujus historias vcritatem confirmat nomen loci, quo
apes ill» in Hiberniam derectaa prime coUocatoo sunt, ab
ipso eventu desumptum ; is enim locus in rcgione Fingalliae
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INTRODUCTION. Cxliu
sive comitatu Dubliniensi situs, Lann-beachaire, id est,
Ecclesia Apiarii adpellatur, &a"*
The present tract must be considered as an exercise in
which the question of the ownership of bees, their swarms,
and their honey, is selected as a subject for dialectic
subtility. From the passages in llie preceding tract dealing
with bee trespasses, and incidental passages in the present,
it is evident that questions relating to the ownership of
bees were, in the ordinary course of life, dealt with on much
less refined principles than are here suggested; but the
present tract is valuable as illustrating the modes of thought,
and the logical abilities of the Irish lawyers. For the
purpose of raising all possible questions as to ownership and
possession, no subject could have been more ingeniously
selected than that of .the rights to bees and their produce ;>
and upon this point some few observations are necessary. .
The ownership of bees raises at once the question of what
is meant by possession. This term is genemlly defined as
expressing the simple notion of a physical capacity to deal
with a thing as we like, to the exclusion of everybody else,
, and the possession continues, even without physical contact,
if the physical force to retake the object can be reproduced
at wDl.
The most remarkable illustrations of the legal conception
of possession arise in the consideration of the possession of
live animals. The animals which ordinarily exist in a
domesticated state, such as cows and horses, hardly differ
*The good father, who deals so hardly with thick headed heretics and
sceptical Catholics, is however himself emharrossed hj evidence as to the ex.istence
of hees before the date of St. Modomnlcus : ** Quod autem in Ilibernift ante
sanctum hunc Dominicum natum apes et mella f uerint constat ex irrefragabili
testimonifl re^» S* Ailbci, in au& num. 37 ita legitiir, 'cnm sident ad mensaoi,
adfcrantur herbs, sive radices, aqu& lots in mundis scatcllis ; item poma, cervibia,
et ex alveario mellis ad latitudinem poUicis, id est, aliquod favi.' S. autem
Ailbens floruit in Hibernid simul cum S. Patricio, et aliquot etiam annis ante ejus
adventum, sive ante annum 431. Ad auctoritates S. ^ngnssii et allorum qui
. dicunt S. Dominicum, primum f iiisse, qui apes in Hibemiam attulerat, dicendttm
hoc esse intcUigendum dc certo genere apwn : sunt enim in Hibemi& et doaestica
et silvestres, ac dirersi coloris et geueris apes ; preecipuarum autem ex his genus
et semen videtur S. Dominicus primus advexissc" ( Vita Sanctorum, p. 828,
n. 7-8.) The legend therefore aCfords no means of fixing the date of this tract*
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Cxliv INTRODUCTION.
from other property. Animals, on the other hand^ which are
in a wild state, are only in our possession so long as they
are so completely in our power that we can immediately
lay hold of them. The meaning of the distinction is^ that
the tame animal will naturally, and of itself, remain within
the possession of the owner ; the wild animal will as cer-
tainly attempt to escape, and will most probably succeed in
doing so.
We do not possess the fish in a river, although the several
right of fishing belongs to us ; but we do possess fish when
once they are placed in a receptacle, whence we can at any
time take them. According to the civil law, the ownership
of wild animals is founded upon the fact of capture, and
exists only so far as they are actually or constructively in
restraint The Institutes are clear upon this point : — " Fene
igitur bestise, et volucres, et pisces, et omnia animalia, qute
mari, caelo, et terrk nascuntur, simul atque ab aliquo capta
fuerint, jure gentium statim illius esse incipiunt. Quod
enim ante nullius est, id natural! ratione conceditur, nee
interest, feras hestias et volucres utrum in suo fundo quis
capiat, an in alieno"*
The ownership of the locus in quo of the capture is here
entirely excluded from the consideration of the vesting
of ownership.
This law has been in England very considerably modified,
by reason of the exclusive privileges generally conceded to
owners of land. There is not the least difficulty in a man
having possession of that of which ho is not the owner, and
it was consistent with the idea, which attaches to our word
" close," to treat the person entitled to the possession of
inclosed land as in possession of all the game which at any
time happen to be there. It was, therefore, obviously cor-
rect to decide that, when a trespasser kills game upon the
land in my possession, the game is mine. It is, however,
very difficult to apply these principles to the case of bees ;
the hives, the honey in them, and the bees in the hives, are
manifestly in the possession of the owner, but as to the bees
* Inst., lib. ii., Tit 1, De occapatione feranmu
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1 XTllODUCTIOX. Cxl V
who fly away or swarm out, he has no means of identify-
ing or recapturing them, unless by close and imme-
diate pursuit ; bees which leave the hiye are in the same
position as wild animals which escape from their cage. In
the case of wild bees, according to the Roman Law, the
owner of the soil would have neither property nor possession
until he physically possessed himself of their nest and
honey ; in this latter case, according to the general principles
of English law, the possessor of the land should have, in
right of such possession, a possession in the bees and their
nests upon his land, and he alone, by actually securing
them, should become their owner. The trespasser who
secured a swarm or bees* nest upon the land of another, had,
under the civil law, both property and possession; under
the English law he should have the possession, but the pro-
perty should vest in the owner of the land. The law as to
bees is thus laid down in the Roman law : — " Apium quoque
fera natura est. Itaque apes, quae in arbore tua censederint,
antequam a te in alveo iucludantur, non magis tuse intelli-
guntur esse, quam volucres, qu» in arbore tu& nidum
fecerint. Ideoque si alius eas incluserit dominus eorum erit.
Favos quoque si quos efFecerint, eximere quilibet potest.
Plane integral re, si prsevideris ingredientem fundum tuum»
poteris cum jure prohibere ne ingrediatur. Examen quoque^
quod ex alveo tuo exvolaverit, eousque inteUigitur esse
tuum, donee in conspectu tuo est, nee difKcilis persecutio
ejus est, alioquin occupantis est."*
Bracton, as might be expected, adopts the passage of the -
Institutes ; but in quoting his authority, Blackstone adds
the following observations : — "But it hath been also said that
with us the only ownership in bees is ratioTie soli; and the
charter of the forest, which allows eveiy freeman to be en-
titled to the honey found within his own woods, affords
great countenance to this doctrine, that a qualified property
may be had in bees, on consideration of the property of the
soil whereon they are found.*'t
* In«t., Ub. il, Tit. 1, De apibot.
t Black. Com. I}. II., P. II., Chap. U
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CXlvi INTRODUCTION.
The mode in which the ownership of bees, their honey,
and their swarms, is discussed in the present tract, and the
principles applied bj its authors, are a very fair test of the
extent to which the Brehon Lawyers were acquainted with,
and influenced by, the Civil Law, of which the rule of
ownership resting on possession was one of the primaiy
doctrines.
The rights to the produce afid swarms of a hive of bees
upon the farm of any proprietor are, according to the theory
of the authors of the present tract, founded upon an implied
contract between him and the adjoining owners of land.
The holding of the owner of the bees is assumed by them to
be square, or at least four sided, and each 'of the sides to be
meared by the lands of a distant owner. The bees ai-e sup-
posed to enter into and gather honey on the four adjoining
farms, the owners of which, by reason of the sustenance thus
afforded to the bees, acquire definite rights in their increase
and produce. The unpractical nature of this treatise is shown
by the fact that the author believed that bees did not breed,
or throw off swarms, until the third year, and it is upon
this assumption that their calculations are based. They
allow the hive what is styled, " three years of exemption,
one year for their production, one y^r 'while they are
few,' " and the year of their breeding, which must mean
the year of their tirst swarming. During this period the
adjoining owners have no right to the swarms, but only to
a certain definite proportion of the honey produced. Four
vessels of different sizes are assumed as the measure of the
quantity of the honey produced, and these vessels are them-
selves arranged by reference to the size of cattle at different
periods of their growth, (1) the milch cow vessel, which
when full a man of ordinary strength could raise to his
knee, (2) a '*8amhai8c" heifer vessel, which a man could
raise to his navel, (3) a " colpach " heifer vessel, which a
man could raise as high as his loins (or waist), and (4) a
" daiH " heifer vessel, which a man could raise over his
head ; the several proportions out of these respective quan-
tities of honey to which the adjoining owners were (or per-
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INTKODUOTION. Cxlvii
haps each of them was) entitled, was one-half, one-third, one-
fourth, and one-fifth of an esera, or drinking cup ; this was
the amount fixed by the ordinary rule, but there were also
contingent claims for a supply of honey in the case of an
entertainment to a person of rank, or upon the occasion of
sickness. The swarms of the third year must be assumed
to have belonged to the owner of the hive, for upon the
expiration of the three years, " the period of exemption,"
the four adjoining owners became each entitled to a swarm
out of the hive. In the dLstribution of the swarms the
author assumes that bees throw out three swarms in the
year ; the first assumed to be the best, the second swarm
also of good quality, and a third inferior swarm, described
as the ** meraighe '* swarm. Three only of the adjoining
proprietors could get their swarm in the third year, and the
fourth had to wait for the following season, when he was
entitled to the first and best swarm of the year.
The lands in question were assumed to bear the same
relation to each other as the divisions of the geilfine, luid
they were entitled to their swarms in a rotation founded upon
the supposed relationship existing between these four classea
As the number of the geilfine divisions were four, and that
ef the lands, inclusive of the original farm, entitled to swarms^
was five, the theory could not be completely carried out
The original farm, which obtained the swarm of the third
year, must have been considered as the geilfine class ;* the
other lands were classed with reference to the proximity of
the hive, and the degree to which the bees would, therefore,
be supposed to resort to it for their honey ; the nearest land
was described as the ''deirbfine" land; the next nearest
must have been the " iarfine," and the third the " innfina**
The remaining adjoining farm could not have had any name
derived from the geilfine relation, but must have been intro*
duced as a consequence of the assumption that the original
farm wios a square. That the original farm was the geilfine
farm follows from the fact that the second was the deirbh- -
fine, as otherwise the geilfine must have been postponed to
• See Glou, page 178, line 22.
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XJxIviii INTRODCCTION.
two remaining classes, or introduced after the deirbhfinc ;
but the order of the fpiir classes must be observed, which is
a matter of importance in considering a passage in the next
tract in this volume dealing with the rights to water.
The owners of the adjoining lands were bound to set a
watch " in the bright times, when the bees send out a swarm,"
and, if a swarm escaped through their negligence, they
" shall suppoi-t the bees until the end of another year," that
is, the further distribution of swarms was adjourned to the
next season. The case of sWarms, which were not allotted
-to, and taken possession of by, one of the four adjoining
4)wners, is next discussed ; if a swarm, not the property of
one of the adjoining owners, swanned within the farm of the
owner of the hive, no question could arise ; a rule determining
the ownership of a swarm could only arise, when it had left
the farm of the original owner, and settled upon the lands of
a third party. For the purpose of deciding this question our
author refers to the analogous case of the rights to the fruit
of a ti'ee, belonging to one person, but planted in and grow-
ing out of the land of another.* Such a question is foreign
to any European system of law, but it frequently arises in
the Courts of Ceylon, where not only the owners of the tree
are different, but even the tree and its produce are held by
many persons in joint, and necessarily undivided, owner-
ship. It is easy to imderstand how such a question might
arise in a country such as Ceylon, where a farm used for the
cultivation of Ijtrgo trees, such as a cocoa-nut plantation or
mango-grove, has, in the course of several generations, been
split up into innumerable shares among the descendants of
the original proprietor, but, considering the small size and
insigniBcant value of the fruit trees in Ireland at the date
of this tract, and the abundance of land, it is difficult to
believe that the case is aught but imaginary, unless we
assume the existence of the letting of land for garden pur-
poses, with a customary rent reserved out of the produce.
The general rule on this subject was that the bottom (the
land) was entitled to the fi-uit of the top (the tree) every
•Page 167. t P«gc 169.
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INTRODUCTION. Cxlix
fourth year, and that in the other three years it was divided
into two parts between the respective owners ; the text then
refers to the contingency of bees swarming upon such a
tree, and treats the swami as if it were portion of the natural
produce of the tree itself. The general rule as to such
swarms of unclaimed bees is stated in the commentaiy thus: —
" It ia to the land out of which it (the tree) grows
originally, that its produce belongs every fourth year ; until
(then ?) the produce of the bees is divided into two paiis to
the end of three years between the owner of the bottom of
the tree and the owner of the top, and its produce every
fourth year is due to the owner of the bottom, in the same
way as the owner of the top gets the produce of the tree
every fourth year, so the owner of the bottom of the trees
obtains the produce of the bees every fourth year. This is
when the original owner of the bees is not known."* This
rule refers to the division of the ownership of a stray swarm
between the owners of the land and of the tree. The rules
as to swai*ms, the ownership of which was either admitted
or asserted, is stated subsequently"^ in the commentary, and
it is to be remarked that in the decision of such questions^
two additional elements are introduced, the greater or less
certainty of the ownership of- the swarm, and the rank of
the owner of the tree.
(1.) " Aa to known bees in the trunk of the tree of a noble
* nemedh,' two-thirds of their jn^oduce are due to the owner
of the tree, and one-third to the owner of the bees, to the
end of three years, and they (the bees) are the property of the
owner of the tree from that out
(2.) " Ad to doubtful bees in the trunk of the tree of a noble
' nemedh,' three-quarters of their produce are due to the
owner of the tree, and one-fourth to the doubtfvZ owner of
the bees, to the end of. three years, and they belong to the
owner of the tree from that out. ■
(3.) " Aa to the known bees in the top of the tree of a
noble * nemedh,' one-third of their produce is due to the
* p. 171. The punctuation of this passage has been altered from that in the
text
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owner of the tree, and two- thirds to the owner of the bees,
to the end of a year, and they belong exclusively to the
original owner of the bees from that out.
(4.) "As to doubtful bees in the top of the tree of a noble
* nemedh,' one-half of their produce is due to the owner of
the tree, and one half to the owner of the bees, to the end of
a year, and they belong to the owner of the bees from that
out ; or, according to others, it is to the owner of the tree
they belong.*
(6.) "As to known bees in the trunk of the tree of an
humble ' nemedh,' one-half of their produce is due to the
owner of the tree, and one-half to the owner of the bees, to
the end of three years, and they belong to the owner of the
tree from that out.
(6.) " As to doubtful bees in the trunk of the tree of an
humble * nemedh,' one-half their produce and one-eighth go
to the owner of the tree, and one-half except, one-eighth to
the owner of the bees, to the end of three years, and they are
the property of the owner of the tree from that out."t
The two further rules which should correspond to rules 3
and 4, are omitted in this part of the commentary, but in a
subsequent passage the further i-ule occurs :+ — "As to known
bees in the top of the tree of an humble ' nemedh,' the fourth
portion of their produce belongs to the owner of the tree,
and three-fourths to the original owner of the bees, to the end
of a year, and they are the property of the owner of the
bees from that 6ut."J
There is a passage in the original text which puts the
rights of the " nemedh "-person upon an entirely different
footing, and classes a swarm of bees as one of the seven
fugitives not entitled to the protection of his house, and
therefore in this case the "nemedh "-person, being obliged
to yield up the fugitives to the pursuing owner, receives but
one-third of one year's produce as a gi'atuity. This passage
is quite inconsistent with the rest of the text, and the de-
tailed rules of the commentary, and proves how much of the
• This rule ia ^'1lriotl8]y given in page 189.
t Page 183. t Page 189.
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INTRODUCTION. cU
regulations laid down in this, tract are purely dialectic, and
what different conclusions may be arrived at by shifting the
point of view from which the question is regarded.
The questions are then discussed w^hich deal with the
conflicting rights of the man who finds a stray swarm, and
the owner of the land on which the swarm is found ; these
may be summarised as follows: —
(a.) If the swarm is found in a green, that is, the open
grasidand immediately surrounding an house, one-fourth of
one year's produce to the finder, and three-fourths to the
owner of the house.
(6.) If in a tree in a green, if the bees have been there a
year, one-half to the finder, and one-half to the owner of the
bouse.
(o.) If in the land between the green and the waste, one*
third to the finder, and two-thirds to the owner of the land.
(d.) If in waste unappropriated land (land not separate
private property), the finder takes all, subject to a claim by
the chief , if it be public land of a lay-tribe, or by the
church, if it be public land of a cleric-tribe to " one-third of
every third."
The position of the **daer" and "aaer "-tenants, and their
personal connection with a superior, is marked by the rule
that " doer "-tenants of a church give over to the church
one-third of their finding ; '' doer "-tenants of a chief give to
their chief one-third, except in the case of bees found in the
waste land, and in that case one-ninth; the " soer "-tenant
of the church gives over one-fourth, except in the case of
bees found in the waste land, and in this case one-twelfth ;
the "«aer"-tenant of a chief gives no portion to the chief. Two
other subjects are discussed in the tract, but neither of them
are of such importance as to deserve a special analysia The
first is with reference to injuries inflicted by bees. The mode
in which this question is considered is much less detailed than
in the text and commentary of the Book of AiciU, and the
matter is referred to the judgement passed upon the occasion
of the bleeding of Congal Caech ; the passage referred to in
the original text is as follows : — " It happened on a certain
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clii
INTRODUCTION.
day that I was left alone in the garden, without any one to
take care of me, and the little b^es of the garden rose up
with the heat of the sun, and one of them put its poisonous
venom in one of my eyes, so tliat my eye became awry,
for which I have been named Congal Claen."* It may
be reasonably conjectured that the tale of Congal Claen
had rendered the question of damages arising from the sting
of a bee a favourite subject for legal speculation.t
In the latter portion of the tract are considered the damages
payable on account of the stealing of a hive, which only
deserve notice as proving ttiat property in the bees when
confined in an artificial nest was recognised by these lawyers.
We are now in a position to consider the mode in wliich the
ownership of bees, their honey, and their swarms, are discussed
in the present treatise. . What is most obvious is the absence
of any general principle applicable to the consideration of the
questions raised. The rights of adjoining owners are referred
to a state of things purely imaginary, viz., the supposition
that every farm is meared by four neighbouring faims, which
are the nearest to the premises in question, an assumption
geometrically impossible ; the consideration of the rights ot
the parties standing in this impossible relation is then con-
sidered upon the assumption of a fact actuaUy incorrect,
* The Battle o! Magh Rath, p. 35.
f Ancient law-givers appear to have entertained serioos apprehensions of tlie
Injuries which might bo inflicted by bees, of wliich the following examples
suffice : —
'* Si quis apiaria in civitatc, aut in villa forsitan construxcrit, et alii dampnum
iutulerit, statim moneatur, ut eas in abditis locis transfcrre debeat, ne forte in eodem
loco hominibus aut animalibus dampnum inferrant. Et qui hscc prsccpta aut
testationem ncglezerit, et dampnum suffocationis in quadrupedcs intulcrit, quod
mortuum f uerit, duplum restituat : quod yero dcbilitatum, ille obtineat, et simile
dampno reddat : et pro judici3 contestatione, quam audire neglexit, ▼ solidos
coactus exRolvat." — '* Lege» WhegothoTHin,** Lib. viii., tet. vi., 2.
" Apes si occidunt hominem, ipsas quoque occidi fcKtinanter oportet ; mel
tamen expendatur in medidnam et in aliis uecessariis.** — *' Thtod,^ Poen. xxxi.,
16.
" Apes si occiderint homincro, statim occidantur, antcquam ad mel perveniant,
ita saltem ut non per noctem ibi restent ; et uicl quod feccrint comedatur.*' —
" Eegh.^ Conf . 89.
"^ Apes si aliquem occiderint, statim occidantur, et mel quod antea fererint
ditur.''— "-Ec9ft.' Poen., Lib. iv., s. 87n.
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INTRODUCTION; cliii
viz., that bees do not swarm until the third year ; and the
distribution of their swarms is regulated by reference to the
false analogy of the divisions of the family in such a manner
as to involve an arithmetical error. In considering the
ownership of swarms not included in the preceding rules, the
author fails to grasp the clear rule of the civil law, that
ownership depends upon the reduction into possession, and
the equally clear principle of the English law that a tres-
passer cannot take any advantage arising from his own
wrong. The mode in which our author proceeded was this : —
he observed that on all such occasions a contest as to the
ownership arose between certain definite parties, the finder
of -the bees, the original owner of the bees, and the owner of
the land in which the bees had swarmed ; he never applied
any general principle to the rights of any of them, but
finding them, or at least two of them^ in conflict as to
the ownership, he admitted that all had rights, and strove
to regulate their rights in an arithmetical form. The
analogy upon which he at first proceeded, that of a tree
planted by one in the land of another, he after a time
abandons, and the subsequeut statements are referable
to analogies, which he has not disclosed. There is an
entire absence of any scientific mode of thought, but the
account between the various parties is taken, having refer-
ence to the circumstances in the case, which would strike
the mind of an unprofessional arbitrator when attempting
to make up the quarrel on grounds calculated to satisfy the
contending parties ; however IcMig and apparently elaborate
the treatise may be, it does not, except in the detail and
elaboration of its numerical calculations, rise over the level
of ordinary ancient regulations upon the subject.
The Welsh law dealt with the subject in the same, though in
a more pref unctory maimer. " On whatever boundary a wild
swarm is found, the law says that it is right for the owner
to hew the tree on each side ; and he on whose land the
tree may fall, is to have the swarm ;"♦ and again, " Whoever
♦ Ancient Laws of Walc», Vol. I., p. 97.
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.cliv INTRODUCTION.
shall find a swarm of wild bees is to have a penny or the
wax ; and the owner of the land is to have the swarm."*
No clearer example can be desired of the. essential diflfer-
ence between the Celtic mode of thought, apparently dear,
yet really indefinite, when dealing with a practical question,
and the hard and logical habits of thought of the Norman
lawyers (who were equally ignorant of the civil law), than
the following enactment of the Assise of Jerusalem upon
the subject of bees : — " Sel avien clie per aventui*a le ape che
sonno nelle mie casse vanno fora, et restano in altrui casse
de volimt^ di esse, la rason vol ch'io non habbia action
alcuna de andar a prenderle per forza de la casse d'altri ; per
che sonno ucelli salvatichi, per che tosto che le usciranno
da le mie casse, io no h6 piu signoria in quelle, so non
tomano iterum ne le mie casse, et sonno mie mentre sonno in
ditte mie casse, et non piu; la rason de simil ucelli e che vanno
ogni zomo fora per viver de li beni de fora, et per& quelli
che li hanno chiusi in le sue casse sono sui patroni, mentre
voranno stare, 6 ritornare ; ma se alcun vien al mio loco
dove tegno le ape, et porta \ma cassa onta di dentro di
qualche odore, per el quale intrano dentro tutte, o parte de
le mie ape, et le porta via, la rason commanda che quel che
faril questo sia tenuto di tornar indrieto le mie ape con
tutto el frutto che haverk fatto, et poi esser condanato
personalmente secondo che li judici stimaranno che valevan
quelle ape, et che potevan lavomr per quel anno, et restituir
altro tanto a la justitia de jure ; et similimente se Ic mie ape
fanno miel in altrui arbore, la rason judica ch'io non habbia
alcuna rason, nh rJcun altro del qual f osseno le ape, ma
quello deve esser del patron del arbore; et questo h di
justitia, perche nessun non puo segnar le sue ape che non
somegliono k le altre, et cosi come le viveno de li fiori, et
beni d'altrui, cosi deve esser il miel di colui, nelF arbor, o
terreni del quale voluntariamente vanno a farlo ; parimente
se le mie ape a far el suo miel a qualche arbore salvatico
che non ha patron, la rason 'vole che cadauno possa prender
di quel miel senza errare vei'so alcuno, perche h loco com-
♦ Ancient Laws of Wales, Vol II., p. 289.
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INTRODUCTION. clv
mune, dal quale de rasonogni homo puo pigliar, etiam le
ape, et .portarle, dove li place senza errare, de juie, et per
Tassisa de Hienisalem."*
It 13 impossible to believe that the author or authors of
this tract and commentary (which has been manifestly
altered from time to time, amended, and enlarged), had any
acquaintance with the civil law, and it must be admitted
that, in its present condition, it is a remai'kable and most
unfavourable specimen of the manner in which the Brehon
teachers approved and discussed legal questions.
"^ Anbe of Jertualem, see 215. What is most remarkable in this section of the
Assize of Jerusalem Is the distinct manner in which actual possession b laid down
as the only ground for the ownership of bees, and the cl^ar argument upon which
it is founded — viz., that the ownership consists in simply retaining them in actual
possession, and is not founded upon any expenditure of labour and food ki their
maintenance. The doctrine of constructive possession which appear? in the section
of the Institutes is here disregarded, and thereby the difficulty is avoided which
arises from the limitations of the constructive possession introduced into the Roman -
text, *' Donee in conspectu est, nee difficilis persecutio ejus est." Also, when no
actual reduction into possession has taken plaoe/it is presumed to have been madt
by the owner of the soU, as no one else could enter apon his lands for the purpose ;
and the case of the bees being fraudulently induced to escape from the possession
of their owner is anticipated and provided for. How difficult it was to form dear
ideas as to this matter appears for other attempts at' legislation upon this sabject
Thus, in the laws of the Wisegoths was contained the following section :— >
V Si quis apes in silvi 8u&, aut in rupibus, vel in saxo, ant in arboribus in-
venerit, faciat tres decurias, qu5B vocantnr caracteres ; unde potius non per unum
caracterom fraus nascatur. £t si quis contra hoc fecerit, atque aliennm signatum
idvenerit et irmperit, dnplum restitnat illi cni frans illata est, et pnsterea xx
flagella suscipiat'* — ** Legtt Witigothonm^** Lib. viii, sit. vL, 1.
The ownership is here founded upon the discovery simply of the swarm, and
no reduction into actual possession was required; and the question whether
the person who so fonnd them was rightfully or not upon the place where the
bees had swarmed is altogether overlooked.
In the present tract the Brehon lawyer has seen the two distinct grounds upon
which the ownership might be founded, but has worked out logically neither
train of ideas, and concluded by compromising both, with reference to' a supposed
analogous case, and in an arithmetical manner.
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civi INTllODUCTlOJi.
VIII.
Right of Water.
The subjects discussed in this treatise are neither riparian
ownership of running water, nor servitudes connected with
the use of water, but the right to conduct water courses
for the construction of mills, and the riglit of the adjoining
owners to use such mills, and to diuw water from the miU
course and pond. The Brehon lawyers permitted anyone
desirous of constructing a mill to bring the necessary supply
of water through the lands of his neighbours,and to acquire by
compulsory purchase the ground necessary for the purpose
upon the terms of paying a fixed legal compensation for the
same. " Every co-tenant is bound to permit the other (co-
tenants) to conduct drawn water across his border ;"♦ and,
" this is the second instance in the 'Berla ' speech where the
law commands a person to sell his land though he should not
like to do so."t The process in question was a very archseic
anticipation of the modem "Land Clauses Consolidation
Act," specifying the terms upon which the necessary land may
be purchased, the amoimt to be paid, the matters to be taken
into consideration upon the occasion of the purchase, and
the rights arising by implication of law in the work when
completed. Certain lands, from their nature, could not be
compulsorily acquired for the purpose of the erection of a
mill, viz., the " nemed "-land of a church, or (2) of a dun, or
(3) the circuit of a fair-green. The author understood that
the right of acquiring land for a work of public utility
must be restricted .by iniles which would prevent a dis-
proportionate violation of private right, or an excessive
inconvenience to the public itself. The amount of the
purchase-money for the land to be taken was not, as may
be easily anticipated, the subject of valuation, but was fixed
in every case by a an express rule, and the price was not
measured by reference to the extent taken, but the fact oi
the compulsory taking was to be compensated for as a quasi-
tort. Thus, a '* sed" of t^n "serepalls" was payable for
♦ Page 213. f Pag« 215.
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iNTRODUcmoN. clvii
every farm through which the water course was carried ;
som& variation in the price was, however, permitted, having
reference to the nature and value of the land itself: " If it
be arable land, though it (the water) should pass through
only half a step of it, it shall be paid for after this manner
(that is, the price shall be one " sed ") ; but if it be unprofit-
able land, half a "sed'* is its price, otherwise it is a day at
the mill for every land over which it passes that is due for
it/**
Three classes of land are eiiumerated for which no
compensation was payable, either on the ground that the
owner of the land was benefited, not injured, by the construc-
tion of the water course, or because it was evident that he
incurred no damage whatsoever ; these are (1), " lands on
which a mill stands, so that it yields produce," which is
explained in the gloss as meaning the land used for the con-
struction of the mill, pond, which afforded to the owner of
the land a constant and abundant supply of water, or,
according to another commentator, of fish ; (2), a house and
close previously without a supply of water, and which,
therefore, was benefited by the mill-stream being constnicted
close to it ; and (3), a trench usually dry, and used only to
carry off" the winter drainage, the owner of which was
obliged to permit its use without compensation.f It would
have been fortunate for the English public if the equitable
considerations which in the Brehon law deprived the owners
of land taken for pubJic works of any compensation, if the
construction of these works resulted in a profit, not a loss, to
the owners of the land required, had been taken into con-
sideration by modem legislators. Whatever bargain or
aiTangement had been made by any owner of land in con-
nexion with the construction of a mill, a dam, or a bridge,
became absolutely binding if acquiesced in during the lives
of two subsequent owners :J " If they have been so acknow-
ledged, it is right that they should remain so for ever, gratis
or for paj'^ment, according to the Brehon."§ This passage
very fully expresses the archaic idea of ownership; the
*Pag«213. t Page 215 1 Page 211. § Page 213.
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Clviii INTRODUCTION.
owner was owner merely for the term of his own life, as be-
tween himself and his family he was in some sort only a
tenant for life, whose contract as to the subject matter was
not binding upon his successor. This idea of ownership is
quite foreign to the English law, but is exactly what existed
in the case of " substitutions " in the old French law, or in
that of a Scotch tailzie. The English law has superadded
to the power of dealing with property which is incidental
to ownership, the conception of absolute ownership being
perpetual in its duration, a fallacy which has exercised
immense influence upon our reaJ property law, and is the
basis of our whole system of conveyancing. This rule
also is an' instance of the application of the principle^ of
" limitation " of actions, which within only recent times has
been recognized as of paramount importance in our juris-
prudence. The period of limitation fixed by this rule is
during the life of the father and grandfather of the person
afiected by it, and as the normal period of limitation in the
Brehon laws is the space of three generations, a subject
subsequently discussed, it may be reasonably concluded that
the party who entered into the original agreement was the
great grandfather of the person whose right to object to the
transaction was barred, and that the father and grandfather
"had acquiesced in the acts of their predecessor. In a very
obscure passage of the commentary we have an express
statement that the period of limitation was such as we have
mentioned, and the assertion that the period of limitation
did not run as against a minor : " If they were recognized
during the lives of three pei*sons, they are lawful from that
forth. But if the son of the third man did not acknowledge
them jointly with his father, he being an infant, and in case
he was so, they shall not be lawful, until he shall have
acknowledged them, for the same period after he has come
to the age of reason."* The only explanation which can be
suggested for this passage is, that the acquiescence during
the three continuous lives was not the simple acquiescence
of the successive owners whose lives are taken into account
• Pase 213.
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INTRODUCTION. cUx
in ihe computation of the time, but the acquiescence of their
families during their successive lives ; thus, if the owner (so
called) had a son, both fSEtther and son must acquiesce during
the life of the former, and the son, who was an infant at his
father^s death, having been unable during his infancy to do
any act to bind his rights, was entitled after his £Etther's
death, and for the same period as he had lived as a minor
during his father's life, to elect whether he would or would
not confirm the acts of his &ther ; and if he allowed this
space of time to elapse without insisting that, by reason of
his infancy, there had not been any legal acquiescence
during his father's life, he was estopped from relying upon
the fact of his infancy, and the imperfect acquiescence during
the father's life was validated by reason of the retrospective
effect of the son's subsequent acquiescence.
If the owners of the lands required for the 'construction of
the race or pond preferred to take certain rights in connexion
with the watercourse and the mill in lieu of pecuniary com-
pensation, they were at liberty to do so.
Mr. O'Donovan has stated his opinion on this subject in
his note, which is appended to page 220 of the text, but he
does not appear to have realized the difficulty of applying
the first paragraph of the text to the right to grind com at
the mill, or to have attempted to reconcile this passage with
the very explicit and detailed statements of the commentator
in page 217. The tract commences thus: "There is equal
right to the water drawn through the tribe lands due to the
lands out of which it is drawn."* What is the particular
right dealt with in this passage ? Does it refer to the right
of grinding com in the mill, or to some other right incident
to the water course ? and is the mode in which this right is
to be exercised, or are the persons by whom it is to be
exercised, compatible with such a supposition ? The rights
of theadjoiningownersare regulated in reference to thegeilfine
system, and the lands are divided into four classes correspond-
ing to the four geilfine divisions. Mr. O'Donovan describes
this theoretical division of the land to have been aa follows: —
* Page 209.
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clx INTRODUCTION.
The land in which the mill-race was first tamed off, "the
course/' was geilfine land ; the land on both sides of the mill-
race, down to the mill-pond, was deirbhfine land ; the land
surrounding the pond was iai'fine land ; and the land on both
sides of the race, from the pond to the land, was the inniine
land. It is clear in the text that the innfine-land was the
pond itself in which the water was contained, and that the
deirbfine land was somewhere between the source and the
pond, and it is not certain that the author of the passage in
the original text contemplated any water-course ranning
from the pond down to the mill. It is quite time that the
author of the commentary at page 217, divides the lands into
four classes corresponding with Mr. O'Donovan's; but the
question may be asked whether he is dealing with the same
subject matter as the author of the first paragraph of the
original text. The authoi*s of the glosses evidently did not
understand the distribution of the lands contemplated in the
original texts ; one gloss describes the deirbhfine land as the
pond, and another apparently describes the pond as the larfine
land. But the patent objection to the first paragraph being
considered as describing the rights of adjoining owners of
land to grind their com at the mill, is, that thereby there
would be no surplus time left at the disposal of the owner of
the mill house, whose rights could not well be excluded from
consideration. The computation of time in this tract has
reference to the working days of the week, and Sunday is
kept out of the account as an holiday ; if, therefore, each first
day (i. e., Monday) belong to the land out of which the water
is drawn, and three days are allotted to the pond, and one day
to each of the remaining classes, viz., the deirbhfine and iar-
/l7i6 lands, the entire week would be divisible among the
owners of the adjoining lands exclusively. This objection
does not apply to the scheme regulating the mode of work-
ing such a mill contained in the commentary.* According
to this rule the right to work the mill is divisible between
six classes : (1) the well, (2) the owners of land from the
well to the pond, (3) the pond, (4) the owners of land from
♦ Page 217.
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INTRODUCTION.
clXL
the pond down, (5) tho ariizans, and (6) the attendance ;
' one-third goes to the land, and the things which belong to
it, and one-third to the science of the artizans, and one-
third to food and rude labour." The two latter classes, the
artizans and attendance, represent the proportion allotted to
the owners of the mill, for capital invested and current
expenditure ; the rotation is arranged with reference to a
period of three weeks, containing eighteen w^orking days,
distributed thus : —
lit Week.
SndWeek.
SrdWeek.
The Well,
Well to Pond,
Pond, . . .
Pond down, .
Monday.
Tneedaj.
Tuesday.
Monday.
Monday?"
Tuesday.
Artizans,
Attendance^ .
Wednesday and
Thursday.
Friday and Satur-
day.
Wednesday and
ThurstlAy.
Friday and Satur-
day. .
Wednesday and
Thursday.
Friday and Satur-
day.
It is dear that if the author of the first parngmph of tho
tract had considered the adjoining lands to have been
divided upon this system, the pond should have been de-
scribed, not as the inn/ine, but as the iar/ine lands ; and in
one of the glosses we, in fact, find this correction made ; if
the pond was the iarfine lands, the two intermediate classes*
viz. : — ^the deirlhfi/ne and the iarfi/ive lands must have been
placed between the source of the water and the pond ; and,
as before remarked, we find in the first passage no allusion
to any race firom the pond to the milL It may be suggested
that the first passage refers, not to the right to use the mill,
but to draw water from the mill-course and pond — a privi-
lege perhaps not of much value in Ireland, but one which
the Brehon lawyers, to whom the rule " De minvmia Twn
curat lex" was unknown, would not disregard in their cal-
culations.
The present tract concludes with the following remark-
able passage : — " There are seven ditches, according to the
Feini, the injuries done by which are not paid for (though
such should be done by them), for every person shall be
corrected (restrained?) by his security, unless they have
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clxu INTRODCCTION.
been made free ; the ditch of a ' dun '-fort, the ditch of a
' cill '-church, the ditch of a fair green, the ditch of a mill-
race, the embankment of a mill-pond, the ditch of a turf
bog (the hole caused by the cutting of turf), a ditch which
is at a bridge ; for, from this out (i.e., with the exception of
these specified cases), each one pays for the injury sued for,
or caused by each ditch which one has made in his land,
to him who has sustained the injury, for every surety shall
be sued unless these exceptions have been established as
regards water. It was thus that the common right to con-
ducting water was established by the Feini."*
This passage states that ditches (or constructions of any
kind) are divisible into two classes, viz. ; those the owners
of which are responsible for the accidents arising from their
construction, and those the owners of which are exempt from
damages in that respect ; the reason why mill-courses fall
within the latter and the former class, is stated in the gloss,
viz. : — " They are erections, concerning the construction of
which authors have laid down no defined mode of con-
struction." All the ditches refeixedto are made in the exercise
of legal right ; and all, except the cutting of the bog, may
be considered in some degree as public works ; the cutting
in the bog would be an exercise of a right in common land
in the ordinary manner. Now the very principle of damages
in the English law, which would be applicable to such cases,
would be, that, a person who had constructed any work of
such a nature in the exercise of a legal right, and with due
care and precaution, would not be liable for damages in re-
spect of an injury which occurred to a third party, caused
by the existence of the work in question, or the legitimate
mode of using it. This is the point which was applied to
Railway Companies, in the case of the King v. Pease, 4 B
& Ad. 30 ; the question in such case is always one of negli-
gence in the construction or using of the work. This
appears to the point taken by the author of the gloss, viz. :
— that there was no established rule regulating the mode
in which the mill-course should be constructed — and that
* Page 221,
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INTRODUCTION. clxiii
the construction being in itself legal, it was impossible to
consider the mode of construction a ground for damages*
The obvious mode of deciding the question by an issue of
fact as to whether the construction in question was or was
not properly constructed, and with all ordinary care, was a
course wbich would not recommend itself to the Brehon
lawyer accustomed to the use of distinct arithmetical formuUe.
This passage is interesting, as illustrating how the Brehou
law was taught; in any modem system -the author would
have laid down an abstract proposition, illustrated it by
particular examples, and fortified it by previous decisions ;
and, thus having established his general proposition, would
have applied it to the facts of the case, then the subject of
consideration. The Brehon lawyer must have had in his
mind, however vaguely, some abstract rule with reference
to which he classified a number of individual cases ; having
made his classification, he then instructed his pupils by
specifying the result of the analysis, without commimicating
the principle upon which it proceeded. It is this mode of
dealing with legal questions, which, in the case of the Brehon
law, creates such difficulty and obscurity. Their works are
neither simple statements of antecedent customs, nor a
teaching by deductions from expressed general principles ;
the logical process may be described as a series of enthymemes
with the major premiss suppressed ; but a qareful examina-
tion of many of these passages will disclose the general rule
upon which the author proceeded. The form of their worko
must have been determined by their original function, as the
professional witnesses of unwritten custom ; the decisions
pronounced by them in cases of the first instance, would
naturally fall within Sir H. S. Maine's definition of The-
mistes, clearly illustrated in the following passage : — '' It is
certain that in the infancy of mankind, no act of legislature,
nor even a distinct author of law, is contemplated or con-
ceived of. Law has scai*cely reached the footing of a cus-
tom— ^it is rather a habit. It is, to use the French phrase,
* in the air.' The only authoritative statement of right
and wrong, is a judicial decision after the facts — not one
12
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clxiv INTRODUCTION.
pre-supposing a law which has been violated^ but one which
is breathed for the firgt time by a higher power into the
judge's mind at the moment of adjudication."
The present tract is a curious instance of this mode of
dealing with novel questions. Water mills were introduced
into Ireland by Cormac Mac Art, probably in the course of
the third century, and the rules referable to them could not
have grown up until the use of these constructions had be-
come common, and questions had arisen upon the subject.
There was therefore no antecedent custom ; nor was there
any sovereign power capable of establishing a law, in the
proper sense of the term, upon the subject The Brehon
Judge must have proceeded in such cases precisely as the
English Common Law Judges in a similar position ; they
referred to a supposed antecedent custom their decisions
upon the novel cases arising before them, and by a series of
decisions upon particular instances, ultimately created the
materials from which general legal principles might be de-
duced. In the case of the Brdion Judges the form of their
decisions continued unaltered, which the writers of their
law tracts embarrassed themselves by adopting. The
scholastic logic was known to, and taught in the schools of
the Irish ecclesiastics in the middle ages, but in the Brehon
law tracts there is not a trace of its influence. This fact
may be attributed either to the natural opposition of the
representatives of the old customaiy law to the schools in
which the Canon or Civil Law would be considered as
authoritative, or to the mode of teaching natural to an
hereditary class of lawyera, influenced by traditional forms,
and desirous to retain as a monopoly the secrets of their
law.
IX.
Precincts.
The open space around a dwelling, which was assumed to
be within the pea<;o of the owner of the house, has been
refen-ed to in the Book of Aicill, published in the preceding
volume, with reference to the compensation payable by
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INTRODUCTION. clxv
third parties for acts of violence committed within it,* The
author of the present tract proposes to state the extent of
the precinct with reference to every grade, both lay and
clerical, and to discuss cert-ain questions connected with the
subject. The determination of the precise extent of each
precinct he attributes to the decisions of a convention of
the bishops, '* ollamhs," chiefs, poets, sages, and seniors of
Ireland, held at Sliath Fuaid in M<igh Bregh, and alleges
that the extent of the precinct fixed for each class, for the
violation of which fines should be paid to the owner of the
house, was written by the men of Erin in the great " Caa " of
the ancients. The unit in this calculation is the extent of
the precinct of the lowest grade, entitled to enjoy the
privilege of sanctuary, that is the " bo-avre " chief, which
wai) fixed in simple and archaic fashion. Let him be placed
at the door of his house in his customary seat, with a spear,
twelve hands breadth long, from the iron head to the horn
ferule ; so far as he could cast it did his precinct extend.
This measurement of the limit of the precinct to which the
owner of the house was entitled, rests upon the same .
principle of the well-known rule of the " maritime league **
in international law, viz., that external combatants must
suspend hostilities when their further prosecution would
endanger a neutral in his usual and legal place of residence.
The ordinary spear cast having been assumed as an unit it
is doubled for the next higher grade in social rank, and so
proceeds by geometric progression through the five remain*
ing ranks to the King, whose precinct is consequently a
circle with a radius of sixty-four spear casts.
A King of Eang, i.e., either a provincial, or the national
King, had, by virtue of his rank, a precinct, independent of
measurement, inclusive of the entire plain, or meadow,
within which his dwelling stood ; and the same privilege
was conceded to the Archbishop of Armagh, as '* Coarb" of
St. Patrick. A different method was adopted in fixing the
extent of the precincts of the dwellings of ecclesiastics ; in
this case the calculation is based upon the extent of the
♦ Ante Vol. III., Page 119-146.
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Clxvi INTRODUCTION.
greatest, and not the smallest, precinct ; to a church, ** in
which were the three grades of bishop, professor, and archin-
nech," approximately translated in the text, a *' cathedraL**
belonged a precinct with a radius of two thousand paces ; to
a bishop, a saint, or a hermit, one of one thousand paces, ** if
it be in a plain," that is, inclusive of all the open surrounding
space to the maximum extent of one thousand paces ; the
precincts of the lower ecclesiastics diminished in the same
ratio as their respective "honor-prices." The right of pro-
tection was one accorded to the owner of the house for his
own benefit and security ; it was not a right of the fugitive
who required protection ; it inight, therefore, be waived by
the owner of the house, who was not bound to concede its
benefit to a stranger, and if it were violated the result would
be that damages should be paid to the owner of the house
solely. The position of the two extern hostile parties was not
aJtered by the fact that the fugitive succeeded in getting
within the precinct of a third party, and therefore the owner
of a precinct, as the condition of the inviolability of his own
household, was bound to secure to the pursuer the legal re-
dress to which he was entitled ; this appears in the following
passage, ''What is protection as to reciprocal rights? be-
cause there is no protection without offer of law."* The
right to the benefit of the rule as to the precinct was there-
fore suspended if the owner of the house refused to give to
the pursuer the necessary guarantee. The protection
aflPorded by the precinct naturally extended not only to the
fugitive, but also to the property brought by him within
the limit. Damages for the violation of the precinct did not
arise solely from the fsict of violation, but notice that the
place in which a person was seized, or property recaptured,
was within the limits of the precinct of a third party,
was requisite to make the act otherwise justifiable a wrong
as against the owner of the house ; for among the cases ot
exemption is placed that of '* ignorance," which is defined
(with reference to some known case) as the seizure of cattle
♦ Page 233.
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INTRODUCTION. clxvil
under protection, in the belief that they were not under
protection ; which must mean, in ignorance of the fact that
they were within a precinct.*
The two other cases of what is called " exemption,** that
is, non-liability to damages for actual violation of the pro-
tection, are unlawful protection, and forcible violation; the
former exception is free from difficulty, and applies to the
case of the owner of the house refusing to fulfil his recipro*
cal duty of guaranteeing to the pursuer his legal rights ; the
latter is, however, not so clear ; *' forcible violation " of the
protection of a precinct is the very act for which damages
are payable, and, if this expression be refen-ed to the pur-
suer, it would follow that the most aggravated eases would be
exceptions to the rula The only other to whom the
" forcible violation " could be referred would be the fugitive
himself, and it is suggested that the case contemplated is
that of a fugitive refused protection, and himself forcibly
entering the precinct. The construction put upon this last
mentioned passage is strengthened by the fact that the
succeeding paragraph assumes that the protection to be legal
must be assented to by the owner of the house, or some one
on his behalf.t
The assent to the entry of a fugitive within the limits of
the precinct must have been given by the head of the house-
hold himself, or by some member of the family as his agent,
and on his behalf. Hence his first wife and his unemanci-
pated son,:t or even an emancipated son or any person of the
£amily could receive a fugitive. A very clear distinction as
between express and implied agency is drawn in the text
with regard to the reception of fugitives by persons other
than the head of the house. If the protection is accorded
to the fugitive by any member of the family by the express
direction of the head of the household, full honor-price was
payable for its violation; but if there were no express
direction given for the reception of the fugitive, and a mem-
ber of the family acting on behalf ojf tha head of the house-
* Page 229. f P«g« 229.
} Page 231, but see note on thU pasMge.
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Clxviii IKTRODUCTION.
hold received him within the protection of the precinct, the
amount of the honor-price payable for the violation of the
protection was diminished, in accoidance with the more or
less intimate relation of the head of the house to the person'
who had assumed to act on his behalf, Tlie person, who, on
behalf of the head of the household, as his agent either express
or implied, received a fugitive, was never entitled personally
to any damages for the violation of that protection, which
he could not have given in individual capacity. .This implied
agency extended only to those members of the household
" who had no expectation of separation from the head of the
house,"* thus a mere ai-mcd retainer or mercenary soldier
temporarily resident in the hoase could not act on behalf
of the head, nor could a pei-son himself a fugitive under pro-
tection ; as to these cases then is cited in the text the old
rule : " Sanctuary of sanctuary ; one pilgrim does not pro-
tect another ; no one is entitled to fines for the violation of
the pi'otedion of his hired soldiers." It would be attributing
perhaps too much ingenuity to the Brelion Lawyers to believe
that they worked out these rules by reference to the doctiine
of implied agency ; it would bo more safe to conjecture
that at an early period a fugitive might have been received
into the protection of the household by any of its members,
and subsequently their action was explained as being as
that of implied agents of the head of the household.
The amount of damages payable in respect of a violation
was varied with reference to the elements which entered into
all such calculations, such as the extent of the violence used
towards tlie fugitive, and the ranks of the fugitive and of
the person whose protection was violated.
The number of the pereons who could at the one time be
^received into sanctuary was necessarily limited ; the pursuer
could not be expected to yield to the claim to protect
fugitives, luiless the owner of the precinct could himself
restrain them from dc])arting, as otherwise his guarantee
that justice should be done would be nugatory. The
* Pa^c 231, butsee note on this passage.
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INTRODUCTION. clxix
number of fugitives who could at one time be received into
protection was therefore limited to twenty-seven.
The church claimed to exercise a more extended protection
than was accorded to the laity : " It is safe for her to protect
before the terms {sjjecified times) without offer of law in
either of them, and to protect after the terms with offer of
law, and to protect against death and unjust fines always.*'*
The rules with regard to the precinct, and the protection
thrown over fugitives by the head of the household, would
seem to be a survival of earlier ideas modified to meet
the circumstances of a denser population, and the claims
of the ministers of the Christian religion. There must
have been originally some distinct and symbolical act
by which the fugitive was removed into the pi-otection of
the house ; if this was connected with the ancient pagan re-
ligion, it may have fallen into disuse after the introduction
of Christianity. The original position of the fugitive is thus
desaibed by Mr. Heam: "Another division of the same
class (the dependents of the family) consisted of refugees,
especially refugees for homicide. It seems to have been an
ancient belief that the stain of human blood, however in-
curred, required purification. There was also the danger of
the blood feud from the kinsmen of the deceased. The
homicide, therefore, generally fled from his home, and sought
a person who could purify him from his sin, and also protect
him from the avenger of blood. If such a suppliant applied
to the House Father in the proper form, as. recognized by the
House Father s worship, and addiessed him by the proper
adjuration, such a request could not be refused. The stranger
had brought himself within the protection of the House
Spirits, and they would resent any wrong done to their
suppliant Away from his hearth indeed, and without tiie
appropriate ceremonial, the House Father might at his
pleasure grant or refuse the mercy to any person who sued
for it. But the suppliant in the technical sense of the word,
the Mrric or the man who came to the holy hearth was a
• Page 235.
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Clxx INTKODUCJTION.
different case. Him the House Father was bound to receive,
and when he had received him, the stranger was initiated,
and became, at least for the time, a member of the house-
hold."*
X
Divisions of Lands.
This tract is an attempt to fix arithmetically the value of
a cumhal of land {mxi cumaile), having reference to the
quality and advantages of the land in question. Arable
land is divided into three classes — (1) first-dass arable land.
(2) hilly ai-able land, (3) labour-requiring arable land. A
cumhal of the first class is valued at twenty-four milch
cows, of the second class at twenty milch cows, and of the
third-class at sixteen milch cows. Weak land, which may
be understood to mean land fit on]y for grazing, is also
divided into three classes, viz.,— coarse land, weak land, and
deep land, a cumhal of which respectively is valued at twelve
dry cows, twelve (g. ten) dry cows, and eight dry cows. The
tract then considers the extent to which the value of any
cumhal of land is increased by what were considered as its
accidental and extrinsic advantages, such as the existence of
a wood or mine upon the land, its fitness for the erection of a
mill, or its facility of approach, or nearness to a highway,
Each of these accidents is taken into account to increase the
value in a certain ratio, and the value of any given cumhal
of land is to be estimated, having reference to both the
quality of the land and its accidental advantages.
Upon the first view it might appear that the whole tract is
but a piece of solemn arithmetical trifling, such as the Brehon
* The Aiynn Household, p. 109. The term ** dergsfine^^ which occurs in " The
Diviflions of the Tribe of a Territory," (page 285, 1. 15), has been preriously ex-
plained in accordance with the gloss upon that passage; bat the existence of a class
of members of a family, deprived of their land as a consequence of homicide, is so
unusual a fact that it might be plausibly suggested that the " derggfine" included
originally the iccrae admitted into the family, and when the original rights
oonnected with their admission had become obsolete, and the custom, which
roust hare been a late one, of forfeiting (to use this very inaccurate phrase),
the lands of a wrongdoer had been introduced, the term (dcrggfine) was applied in
the way in which the authors of the glosses understood it to be used.
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INTRODUCTION. clxxi
lawyers loved to exercise their ingenuity upon ; but a little
consideration will prove that there is a practical basis for
this apparently fantastic estimate. That the estimate is not
of the character of a modem tenement valuation is obvious,
for it applies to a state of society in which taxation was
unknown, and not even its author could have anticipated
that the price of land, when actually sold, could be regu-
lated in this manner. To understand the meaning of this
tract, it must not be forgotten that in ancient Ireland there
was no currency or established standard of value, and that
all mercantile transactions were carried on upon the footing
of simple barter. In such a condition of the market how
are the relative prices of articles quoted ? The existence
of a fixed standard of value means that the value of all other
articles is estimated by the amount of them which can be
purchased by fixed quantities of some. one selected com-
modity. Any commodity may be selected as the normal
standard, our habit of selecting gold or silver simply arising
from the fact of their indestructible nature, and the assump-
tion that their value in exchange is invariable.
When we speak of the penny loaf being larger or smaller,
we mean that the amount of bread which a penny will pur-
chase has increased or has diminished. . When we state that
a pound of tea costs two shilUngs or five shillings, we mean
that the amount of silver which is equivalent in exchange
to one pound of tea is greater or less. Both statements
merely express the ratio which the value of a commodity
fluctuating in the market bears to the value of ascertained
quantities of a commodity assimied to be fixed in value. If,
however, there exists no fixed standard of value, how is the
price of any commodity to be stated ? This difficulty was
met by the ancient Irish, as by every other people under
similar circumstances, in the following manner : — ^the actual
amount of any article brought to market, or handed over to
another person, is fixed by a certain unit which depends
upon the mode in which the article is dealt in. Slaves and
cattle would be counted by the head; metal by the usual
weight of the bars ; and farm produce by the form in which
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clxxii INTRODUCTION.
it was offored for sale. Thus at the present day we deal in
80 many head of cattle,, barrels of potatoes, or sacks of com.
Here the difficulty arises how to express the ratio which the
value of any number of cattle bears to any given number
of sacks of com. For this purpose an abstract measure of
value is invented, which is roughly estimated to be repre-
sented by a ceitain amount of each of the articles ordinarily
brought to sale, and a given quantity of each article having
been fixed as representing this value in exchange, the several
quantities of the difierent articles are supposed to be equal
in value to each other in the normal condition of the market.
As in the present day, in remote country districts, a man
who pays for the grazing of so many cows may take it out
in the grazing of sheep or geese, each cow being represented
by a customary number of the smaller animals, so in ancient
times the value of a cow would be considered as equivalent,
for the purpose of exchange under ordinary circumstances,
to so many sheep, geese, &c.
It has been frequently remarked that in primitive societies
the rule of supply and demand has almost no existence,
and that the same price will continue to be paid for the
same ai-ticle during very long periods of time, and without
regard to what are called mercantile considerations. As long
as this mode of dealing is applied to articles which can be
sold by measui-e and weight, and are of the same average
quality, there is no difficulty in working the system ; but as
soon as an attempt is made to apply it to land, the difficulties
involved become apparent. Land can only be sold by re-
ference to its superficial extent, but the qualities of any
two pieces of land of the same acreage are very different,
and therefore their value in exchange cannot be the same.
How, therefore, can the value of any piece of land be ex-
pressed with reference to the imaginary standard of value
tq which all other articles are referred ? This is the question
which the author of this tract attempts to solve, viz. : —
What is the par of exchange of land in the market with
reference to the other subjects of exchange ? That he
should fail in doing so in any practical manner was inevi-
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INTRODUCTION.
clxxiii
table, for the question was, in its essence, insoluble; but he
adopts the only reasonable mode of approaching the question,
and handles the matter with considerable acuteness. He
assumes as the base of his calculation a fixed measure of
land, which ho defines as the land-cumhal; he then
divides land with reference to fertility or fitness for
pasturage, and brings out the result in cattle; he then
considers the accidental qualities of any particular land, and
treats them as raising the value in a jcertain ratio; the
value of any land in exchange would thus be represented
by a certain number of cumhab in cattle, irrespective of
the actual acreage of the land.
The basis of the whole calculation rests upon the super-
ficial extent of a cumhal of land ; and the commentator
naturally appends a table of the superficial measurements
upon which his calculation is founded. " How is a tir-
cunuule measured ?" By grains ; three grains in a proper
inch; six inches in the hand; and two hands in a foci;
six feet in a pace ; six paces in an ** intritt " measure ; six
"intritts" in a ''laif measure; six /' laits " in a " forach "
measure.
The tir-cumaile would seem to be seventy-two square
forach-measures. The following table represents the state-
ment of the text : —
inch.
brads.
X€6t<
paces.
intritts.
laHs.
forachs.
1
6
1
12
2
1
72
12
6
1
482
72
36
6
1
2,592
432
210
36
6
1
15,652
2,592
1,296
216
86
6
1
If we assume the foot measure to be practically equiva-
lent to the modem foot, the " tir-cumaile " would be about
285 acres ; on the other hand, if the forach-measxire were
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Clxxiv INTRODUCTION.
equal only to 144 feet, as would appear to be stated in the
passage referred to in. the note to the text, it would be
equivalent to about 10 acres. There are no means afforded
by the text to enable us to express any definite opinion aa
to which of these quantities is the correct result, and it would
be inconsistent with the object of the preface to discuss the
question generally with reference to other and extraneous
authorities ; nor, perhaps^ could such inquiries lead to any
definite result
The ingenious mode of calculating the value of land
devised by our author, could never have been practically
applied ; the term " tir-cumaile " originally meant, and
probably always continued to mean, " the land of a
cv/mJidl'* and when so used, necessarily excluded the as-
sumption of the land being of any fixed acreage. Mr.
(yCurry considers the phrase " tir-cumhaile," as much land
as would suffice for the grazing of a cumhal of cattle, and
this may have been the ordinary sense in which the term
was used *
XL
The Crith Qabhlach.*
This tract has received especial attention from Irish Anti-
quarians, inasmuch as it professes to give a detailed descrip-
tion of the several social ranks and organization of the
Irish tribe, Mr. O'Curry has, in his Lectures on the Manners
and Customs of the Ancient Irish, adopted this treatise as an
authentic and archasic work, and without hesitation ac-
cepted its statements as a sufficient authority for his detailed
account of the earliest form of the Celtic tribe system. Dr.
W. K. Sullivan, adopting the views of Mr. O'Curry upon
this subject, attributes the date of its composition to the
middle or end of the seventh century. Before any discussion
as to the nature of the work and the conclusions which may
* Mr. O^CniTy, shortly before his death, reviaed and corrected his previous trans-
lation of this tract, making many important alterations and eroendatioos. Tiib
revised addition has been entrusted to the present editors, and on all occasions tlie
later and more matured text of Mr. O'Curry's translation has been followed in tho
present edition.
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raTRODUOTION. clxXV
be fairly drawn from its statements, it is necessary to con-
sider the probable date of its composition. It must be first
remarked that it does not consist of an ancient text with
an annexed commentary and explanatory glosses, but is mani-
festly written throughout by an author according to a definite
plan, and that to the later lawyers who may have made
use of it, it presented no archaeisms, either of custom or Ian*
guage, which required special comment or explanation. The
most important passage, as indicating the probable date of
the composition, is the statement relative to the four rights
to which it was proper that a king should pledge his people,
the first of which is stated to be '' a right to help him to
drive out foreign races, ie. against the Saxons."* Assuming
that these latter words are not a gloss which has crept into
the text (and there is no reason to believe that they are),
the date of the work must coincide with a period at whidi
the Saxons were regarded as the enemies par excellence of
the Irish people, and not merely as a hostile, but as an in-
vading race. It is obvious that no Irish writer would have
singled out the Saxons as the special enemies of the Irish
during the period covered by the Danish invasions, nor after
that date until the Saxon had, in the mind of the people,
been substituted for the Dane as their natural enemy. The
date of the work must therefore be either before the end of
the eighth century, or after the English invasion, the period
covered by the Danish invasiona being absolutely excluded.
The early relations of the Irish and Saxons were of the most
friendly character, and naturally so as the Irish were then
busily employed in plundering, and perhaps to some extent,
conquering, their christian and Celtic neighbours across the
channel. This point is thus discussed by Dr. W. K. Sullivan,
in the following passage of his preface to the Lectures of Mr.
O'Curry : — " The common object of attack, Roman Britain,
brought the Irish and Saxons in contact at an early period.
And this intercourse was, on the whole, of a most friendly
character. . . The hostility of the two peoples appears to
have first arisen in consequence of the quarrels between the
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Clxxvi INTRODUCTION.
Irish and Saxon churches. Political causes helped to de-
velop this hostility as soon as the Saxon dominion extended
to the noi*th of England, and the Saxon kings of Northum-
bria came into direct contact with the Scotic kingdom, es-
tablished in Scotland. The wars carried on by the Saxon
kings against the Scots and Picts involved the Irish in the
quarrels of their brethren in Scotland, and led to the ravag-
ing of the coasts of Ireland by the Saxons. Venerable Bede
records an expedition of this kind sent in the year A.D. 684,
by Ecfrid, IGng of the Nortliumbrians, under a commander
named Beort, ' which miserably wasted that harmless nation,
which had been always most friendly to the English, inas-
much as in their hostile rage they spared not even the
churches or monasteries.' It is in the seventh century that
we find mention for the first time of the Saxons as enemies.
The first notice of the Danes or Norsemen occurs in 790, or
more correctly in 795. After that date, and until the arrival
of the Normans, the Danes alone are mentioned as hostile
foreigners. This circumstance is of very great importance
in connexion with the elate of the law tract, the Crith Qdbh-
lack'* After citing the passage above referred to, he pro-
ceeds : — " If this example be not an interpolation of much
later times, it shows, taken in connexion with other circum-
stances, that the important document in question belongs to
the period anterior to the Viking expeditions, and in all
probability to the middle or end of the seventh century."*
If this view of tlie meaning of the passage be correct, it fol-
lows that one plundering expedition against the Irish sea-
board so profoundly affected the national mind, that the
Saxon was held by the people as a national enemy to be ex-
pelled from the island which he had invaded. No allusions
to the Saxons as such enemies are cited from any of the early
Brehon Law tracts or popular romances ; no act of hostility
save one isolated plundering expedition is referred to ; and
it is to be remarked that after this event the Saxons at least
were ignorant of any hostile relations existing between them
and the Irish ; Bede reprobates the expedition as a wanton
* Manners and Customs, &c., roL i., p. xxzvL
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INTRODUCTION. clxXVU
attack on a friendly nation; and at a later date Alcuin was
of the same opinion, when, in a passage quoted by Dr. W,
EL Sullivan, he described the Irish as " gentes Scotorum in-
nocuas Anglis, et semper amicas."* The passage of the tract
referred to would rather lead to the conclusion that the date
* The details of this raid, as related by the original authorities, are a proof rather
of the friendly terms which always subsisted between the two nations, than that
its remit was to establish permanently hostile relations. The entire passage in
Bede is as follows : '* In the year of our Lord*8 incarnation 684, Egfrid, Ring of
the Northumbrians, sending Bcort, his general, with an army into Ireland, misers
ably wasted that harmless nation, which had always been most friendly to the
Knglish ; insomuch that in their hostile rage they spared not even the churches or
the monasteries. The islanders to the utmost of their power repelled force yrith
force, and, imploring the assistance of the Divine mercy, prayed long and fervently
for vengeance ; and though such as curse cannot possess the kingdom of God, it
is believed that those who were justly cursed on account of their impiety, did
soon suffer the penalty of their guilt from the avenging hand of God ; for the
very next year that same king, rashly leading his army to ravage the provinces of
the Picts, much against the advice of his friends, and particularly of Cuthbert of
blessed memory, who had been lately ordained bishop, the enemy made show as
if they fled, and the king was drawn into the straits of inaccessible mountains,
and slain with the greater part of his forces, on the 20th of May, in the 40th year
of his age, and the 15th of his reign. His friends, as has been said, advised him not
to engage in this war ; but he having the year before refused to listen to the most
reverend father, Egbert, advising him not to attack the Scots, who did him no
harm, it was laid on him as a punishment for his sin, that he should not now
regard those, who would have prevented his death.** — '* Ecelinasiieal HUtory^
Lib. IV., c :«6.
The Saxon Chronicle sUtes — " A. D. 684. Here ip this 3'ear ^rid sent an a^y
against the Scots, and Beorc, his alderman with it, and miserably they plnndeied
and burned the churchc^ of God.**
The Saxons at least considered this raid a «m, and believed the king^ sabeequent
death was a signal Divine chastisement.
The following is the sUtement in the Four Masters : ** The age of Christ 683»
the 10th year of Finaehta. The devastation of Magh-Breagh, both churches
and territories by the Saxons, in the month of June precisely ; and they carried
off with them many hostages, with many other spoils, and afterwards wei^t to
their shipa"
The same raid is mentioned in the Annals oi Ulster under the year 684, and in
the Annals of Clonmacnoise under the year 680.
The captives taken upon the occasion of this raid were restored by the Saxons :
" Adamnan went unto the Saxons to request [a restitution of] the prisoners, whom
the North Saxons had carried off from Magh Breagh the year before mentioned ;
he obtained a restitution of them, after having performed miracles and wondeni
before the hosts ; and they afterwards gave him great honour and respect, together
with a full restitution of everything he asked of them.*- The Four Masters, Vol I.,
p. 291. The Annals of Clonmacnoise, under the year 686, sUtes that, ** Adamnan
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Clxxviii INTRODUCTION.
of the work must be brought down to some date after the
English invasion,, unless there be internal evidence which
would render such a conclusion improbable; and, if the date
be so far postponed, it must be referred to a period consider-
ably subsequent to the first invasion, to that at which all the
Irish tribes stood in a hostile position to the English king,
and the invasion was At length successfully checked, or at
the earliest date, to the first quarter of the fourteentb cen-
tury.
There is also internal evidence which, independently of the
passage referred to, would lead to the same conclusion.
V The most remarkable change in the organization of the
early Irish Church was the substitution of an episcopal for the
monastic system. In the earlier form of church government
the abbot, not the bishop, was the ruling ecclesiastic ; the
" coarb " of the original saint was the head of the ecclesiastical
tribe; the pre-eminence and territorial jurisdiction of bishops
arose at a date long subsequent to the comimencement of the
Danish invasion. Is it probable that a treatise descriptive
of the ranks of society, if written during the life of Adanman,
and the vigoi^ous existence of the Columban monasteries,
would omit any allusion to an abbot, and speak of the bishop
as travelling " for the gqod of the church and the temtory,"
and as of rank equal, if not superior, to the king of the
tribe? There is further no allusion whatsoever to the
geilfine system, nor to the geilfine flaith as representing his
" tine," and therefore an important item- in the social system
Vougbt back sixty captives to Ireland." In the Annals of Ulster, under the same
year, there is a similar statement
It therefore appears that this invasion of the Saxon amounted merely to a raid
a ong the coast between the. rivers Liffey and Boyne ; that all the restitution
•uught by Adamnan on behalf of his country was freely accorded ; and that the
inroad was regarded by the English as a sinful violation of their friendship with
an allied nation. And it the more remarkable that upon his return to Ireland
Adamnan succeeded in introducing into Ireland the Roman mode of computing
Easter, which proves that at that date the Irish cherished no peculiar feelings of
animosity toward tlic English or their ecclesiastical usages. (JSee Bede Ecc. HisL^
Lib, r., c. 16.)
All the above references are contained in the notes to Dr. O^Donovan's edition
of the " Four Masters."
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INTRODUCTION. clxxix
— ^a very remarkablo omission in a treatise of the character
of the present The condition of society exhibited in this
work is that of the tribe system in state of decay and
decadence, and rapidly tending to assume a feudal form.
The simple freeman has sunk to the condition of the Saxon
ceorl ; the tribe lands have, to a great extent, if not altogether,
been monopolized by the noble classes ; the political power
has passed into the hahds of the chiefs and greater nobles ;
all classes, from the highest to the lowest, are bound together
by the semi-feudal bond, founded upon the system of lending
out cattle ; all classes are rated for the payment of tribute to
their superiors ; and the basis of society seems rather to be
personal service than the common rights of the members of
the tribe. Except for the survival of ancient terms, aad some
archsaic rules and peculiarities arising from the absence of a
circulating medium and the material conditions of the
people, the condition of the country, as thus described, waa
not very different from that it exhibited in the last century^
This is the opinion of Mr. O'Curry, as expressed in the
following passage: — "It is not very easy to translate into
modem language the technical terms of the ancient law of
Landlord and Tenant; but a very well matured system
existed at a very early period indeed, under which, although
there was no such thing as absolute property in land in any
individual, still, within the tribe, individuals held exclusive
property in land, and entered into relations with tenants for
the use of the land, and these again with undertenants, and
so on, much as we see in our own days. Now these relations
constitute the first test of rank and condition. The Maith
— a word in some sense may be translated the Lord or
Nobleman — was distinguished by being the absolute owner
(within his tribe) of land for which he paid no rent, so that,
if a man possessed but a single acre in this way, he was a
Flaith. All other persons holding land held it either from
a Flaith or from some tenant of his; and the rank and
precedency of these persons depended upon the amount of
their possessiona"* Although there are many statements in
* Manners and Customs of the Ancient Irish, voL it, page 84.
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clxXX ' INTRODUCTION.
this description to which exception may be taken, it fairly re-
presents the practical condition of the Irish as depicted in the
CrithGabhlach,8ubject to the material correction thatsuch was
not the original system of the Celtic tribe, but rather the
condition to which the tribe had been reduced at the date of
the composition of this work. The same cauaes were at
work in Ireland as elsewhere, and with the same results.
The chiefs and nobles had succeeded in crushing the lower
orders, and had converted into their own separate property
the land originally the common property of the tribe. The
Crith Gabhlach might fairly be described as a compendium
of the rights and emoluments of the higher classes, of their
house tributes, rents, cuttings, and costerings, and is not
dissimilar from the old law book of the Brehon whereby the
English commissioners "perceived how many vessels of butter,
and how many measures of meal, and how many porks, and
other such gross duties did arise unto M'Guire.out of his
mensal lands."*
It is not to be concluded that any Irish tribe or province
was ever actually organized in strict confprmity w^ith
the rules' laid down in this tract. It is impossible to
believe that a nation so mobile and turbulent as the Irish
Celts lived under a system so rigid in its laws and pedantic
in its minutiae ; that the different classes' possessed so much
and no more than the amount of property herein set down
against them ; inhabited houses of precisely the prescribed
size, furnished in the manner described, and supplied with
the farming instruments directed ; that the occupies of them
paid so much and no more than their customary rents ; and
that the whole society, from the provincial King downwards,
were bound, and acquiesced in, a complete system of semi-
feudal service. The work must be considered as a desciiption
of society fully organized according to the cm rent legal
theory at the date of its composition ; but it can no more be
assumed that the existing communityaccurately coirespondod
to the legal theory, than that the condition of England in the
^ Ante, voL \ii., y.rtgc 06. *
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INTRODUCTION. cl XXxi
twelfth century, wiais such as Blackstone's sketch of ihe feudal
aystem assumes it to have been.
The Crith Gabhlach treats of the various ranks of the
freemen of the tribe, their mutual rights and duties, and
the power and privileges of the King ; the unfree classto
of the community are only referred to in connexion with
the rights and qualifications of the free.
The author lays down as the cardinal principle that the
proper grade of the layman among the people is determined
by the amount of his property. The number of classes of
men is stated to be seven. That this number was selected
as the sacred number, and was not in accorclance with the
actual state of facts, appears from the statement of the
author himself, and the mode in which the division in
classes is varied in different passages. The grades of a
people are stated to be as follows : — (1 ) the " fer mbidboth "
man, (2) the "bo-aire" chief, (3) the "aire-desa" chief,
(4) the «aire-ard" chief, (5) the " aire-tuisc '' chief, (6) the
" aire-forgaill " chief, and (7) the king. This sevenfold
division is stated to be derived from the similitude of the
ecclesiastical orders, " for it is proper that for every order
which is in the Church, there should be a corresponding one
among the people."*
The two first classes represent the free but not noble, the
latter five the free and noble.
The divisions of the noble class are then specified, find the
number of them is again seven, viz. : — (1) the " aire-desa^" (2)
the "aire-echta^" (3) the "aire-ard," (4) the f* aire-tuisc," (5)
the " aire-forgaill," (6) the "tamaise" of a king, and (7) the
king. To complete the number seven in this, two further
classes are introduced, the "aii*e-echta" and the tanist; the
latter of these wajs an official person and not a class of indivi-
duals, and the same observation is applicable to the "aire-
echta." The non-noble classes are classed as foUo ws : — (1) the
two grades of "fer-mbidba" men, (2) the "og-aire," (3) an
"aithech" person, (4) the "bo-aire febhsa," (5) the "mbruigh-
fher" man,(6)the "fer-fothla" man, and (7)the"aire-coisring"
• Page 209.
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Clxxxii IKTRODUCTION.
man. The seven classes ai*e here again completed, first
by the introduction . of the " aithech," a very anomalous
class, as subsequently explained in the text, and by the
addition of the last three, viz., the " mbruigh-fer," the "fer-
fothla,'' and the '' aire-coisring," two of which are the names
of officers, and not of classes.
The scheme of classification used by the author of the
tract on Precincts, must have been different from that
of the author of this tract; for he also, dividing the
society into seven classes, states the two lowest to be the
"bo-aire" and the "aire-desa," and the highest to be the
king, omitting to give the names of the four intermediate
divisions, and, with reference to the extent of their pre-
cincts, he fixes their rank upon the basis of a geometric
progression, a gradation inconsistent with .the ratio of their
properties and honor-prices as fixed in this treatise.
The several ranks are divided with reference to the amount
of property requisite to qualify for each respectively, and
from and in the proportion to the requisite amount of pro-
perty follow their rights and privileges (some of which we
should now class as duties) : (1) the legal value attributed
to their oath, contract, guarantee, and evidence; (2) the
honor-price; (3) refections, or the nature and amount of
food they should receive from a host; (4) sick maintenance;
(5) the extent to which they could give protection to a third
party who claimed it ; (6) the " taurcreic," or the amount of
stock to be delivered to them by the superior to whom they
commended themselves (the commendation to a lord in con-
sideration of the ** taurcreic " might be oppressive or advan-
tageous to the inferior, according to the circumstances of the
time); and (7) the "bes tigi" or house tribute, payable in
kind by the inferior to tl^e superior to whom he had
commended himself.
The following analysis of the necessary qualifications and
rights of the several classes will render the relative positions
of the respective ranks clear.
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INTRODUCTION. clxxxiil
A. — The Non-Noble Classes.
1. The " mbidboth" man. Thia class is sub-divided into
two sub-classes, viz., the " mbidboth " man who had attained
the age of fourteen years, but not yet that of seventeen years;
" unless he has taken possession or succession before that, or a
man of the Feini grade be a co-occupant with him," i.e., unless
he is himself in possession of a house, or be the joint occu-
I>ant of one with a free man of full age (?), and the "mbidboth"
man who had attained the age of seventeen years. The oath,
contract, or guarantee of the former extended to the value of a
" dairt " heifer ; his refection was milk and stirabout ; hia
protection extended to one of his own grade over the terri-
tory; his honor-price was a " daift " heifer. The value«of
the oath, &c., of the latter was a " colpach " heifer; his pro-
tection extends to one of his own rank until he has given
him double food (two meals ?) ; his refection was milk and
stirabout ; his honor-price a "colpach" heifer; his propor-
tionate stock (taurcreic) was four " seds" in value ; his food
rent (bes tigi) a wether ; his sick maintenance for himself
and his mother new unskimmed milk every third, fifth, ninth,
and tenth day, and also on Sunday.
It appears from this that the very lowest class of freemeii
were not. as has been stated, wholly devoid of property •
they are presumed to possess a house, in respect of which they
may be required to pay food rent to a superior, and they had'
a share, however small, in the common pasture, otherwise
they could not have availed themselves of the proportionate
stock (taurcreic) they might receive.
2. The Bo-aire or enriched churl. The "mbidboth "-man,
upon acquiring the necessary amount of property, became
ipso facto a " bo-aire " chief, because, in this case, there was
no change of status, as in the transaction afterwards men-
tioned firom the non-noble to the noble class. This increase
is attributed to the profits made by stock received from a
lord in the first instance ; for he is assumed to have com-
mended himself to a lord ; such would seem to be implied
by the rule:— "In three days after notice half a portion
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Clxxxiv IKTRODUCTION,
(of fencing ?) is due from him for a field ; a third part of
the fee for his theft^ and his drunkenness, and his laming,
and of ' ciric' fine for killing him goes to his cliief ;" the
chief, his lord, has a right to a certain amount of his labour,
and & share in all damages for injuries done to him.
A. The lowest grade of the general class of " bo-aires " is
the "og-aire,*' that is a young-aire, one who lately acquired
the rank bf a " bo-aire ;" his property must, therefore, be
assumed to be the minimum sufficient to quality for that
rank. His property consists *' of sevens ;" seven cows and
a bull ; seven pigs and a boar ; seven sheep, and one horse.
The change in his position is marked by the statement that
"He has land of three seven (21) cumhal value." The right
to the land is connected with the possession of stock ; but
if a cumhal of land means enough land to graze a cumhal
of cattle, or three cows, it would follow that he obtained
grazing land far in excess of that which was necessary for
his assumed stock. That the lands of a " bo-aire " may have
far exceeded what was requisite for the grazing of a stock
of "sevens," appears from the statement that there might
be four or five " aithechs " on the land of one '* bo-aire ;"
and as each "aithech " is defined as possessing ten cows, ten
pigs, fee, the author must have contemplated the case of a
" boraire's " lands being sufficient to graze fifty head of cattle,
besides lesser beasts. The land held by the " bo-aire " was
not his separate property, for there is a distinct reference to
his paying one out of seven cows for the use of the land.
The difficulty in understanding the " bo-aire's " position
arises from their -being no explanation of how or from whom
he obtains the thrice seven cumhals of land. Stock, not
land, is what the lord gave to the man who commended
himself to him ; that it was stock which was given pre-sup-
poses that th^ inferior receiving the stock had, independently
of his lord, the means of grazing them. It may bo assumed
that the proportionate stock given to the freeman not pos-
sessing other cattle, i.e., the *'mibdboth"-man fixes the share
in the pastui-age lands of a tiibe to which each freeman
was absolutely entitled, and that the right to put a larger
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INTRODUCTION. clxXXV
amount of stockupon the common pasture land, was connected
with the actual amount of stock possessed by their owner ;
but that for every additional seven cattle put upon the lands,
one was left as the payment for the year's grazing — the
profits of the waste grazing lands would probably in the
end be monopolized by the chief, as the English feudal lords
of manors contrived to possess themselves of the waste. The
" og-aire " also possessed one-fourth share in a plough, an ox,
a plough-share, a goad, and a bridle, and a share (quere, one-
fourth) in a kiln, a mill, and a bam. His house was nine*
teen feet in length, with an out-house of thirteen. His
proportionate stock was eight cows; his food-rent was a
"dartaidh" heifer. His refection extended to two men,
who were entitled to no more than milk and stirabout, and
a certain amount of new or sour milk and cakes. The pas-
sage which describes the extent of his evidence, &C., and
the amount of his honor-price, is veiy remarkable; It
appears from a subsequent passage that the normal amount
of the honor-price, and legal value of the oath, &c., of a
bo-aire, was five seds ;* but in the case of an '< oc-aire/* this
was reduced to three seds, which fact is thus explained :—
*' And the two seds, which are wanting to it (his honor-price)
are wanting, because the stability of his house is not per*
feet, and he is not competent to undertake liabilities for
them, like every other "bo-aire" for the smallness of his
property,t from which we must conclude that the new " bo^
aire " was not a full " bo-aire," and did not obtain the full
rights incident to his rank until some subsequent period*
B; Thesecond sub-division of the "bo-aire" is the "aithech/'
who is distinctly stated by our author not to be a " bo-aire,"
but why he was not so considered it is difficult to discoverj
His property exceeded that of the " og-aire ;" his stock -^aa
•' ten," i.e., ten cows, ten pigs, ten sheep, &c. ; his house waa
twenty feet in length, with a kitchen of fourteen ; the value
of his oath, &c., and his honor-price was four seds; his pro-
portionate stock was ten cows, and his food-rent the choicest
of a herd of cows, and a bacon, four sacks of malt, and It
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Clxxxvi INTRODUCTION.
wooden vessel of salt; he was entitled to refection for two,milk
and stirabout, butter on Sunday, venison, sea-grass (?), onions
and salt. His property and social position was superior to that
of the " og-aire," and he was not considered as of the " bo-
aire" rank, but what was styled *' an immovable tenant." The
reason given for this is as follows : — '* What is it that puts
this man from being in the rank of a * bo-aire V Because
it may be that four or five such may occupy the land of a
* bo-aire,* and it could not be easy for each of them to be a
* bo-aire.' "• What is very noteworthy as to this class is
the disproportion of the food-rent to the other incidents of
his position, and proves some uncertainty as to his status.
He, although possessing cattle, is described as grazing them
upon the land of a " bo-aire ; " but as a " bo-aire " is not
described as having any land of his own, it must mean that
•he was some kin'd of sub-assignee of the " bo-aire's " grazing
rights, and that the transaction bore some resemblance to
the grazing partnerships referred to in the Book of AidlLt
C. The ** bo-aire" febhsa, or the wealthy " bo-aire," is one
who has acquired the full rights of his dass. His property
is larger than that of the " og-aire" — ^he has twelve mows and
twice seven cumhals of land, a house of twenty-seven feet
and a back-house of fifleen, a share in ' a mill and a kiln,
bam, sheep-house, calf-house, and pig-stye. As before
remarked, the value of his oath and his honor-price were five
seds, his proportional stopk twelve cows, and his food-rent a
male "colpach" heifer with its accompaniments. J
D. The next class, the " mbruighfher" is evidently an
official of the " bo-aire" rank, not an independent sub-division
of the entire class. He is " the ' bo-aire* for obedience to
judgment.*' His property is represented as twenty cows,
two bulls, six bullocks, twenty hogs, twenty sheep, four
house-fed hogs, two sows, and a horse, and he has also six-
teen sacks of seed in the ground ; he has a lawn for sheep
about his house, a house of twenty-seven feet, and a
back-house of seventeen feet, and outhouses. The value of
his oath, &c., and his honor-price, are six sods. His propoi*-
• P*ge 809. t Ante, VoL III., page 142. J Page 311.
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INTRODUCTION. . clxXXVU
tionate stock was two cumhals« and his foot-rent a cow with
its accompaniments.* The very peculiar enumeration of
fines for all conceivable injuries to himself and his property
prove that he occupied an exceptional position. It would
seem that he was in some way bound to offer hospitality
to a king, a bishop, a poet, or a judge " from off the road,"
and that his supply of eatables for such purpose was por-
tion of his '' obedience to judgment"
£. The highest of the members of the '' bo-aire" class is
described under the title of the *' fer-fothla chief," and was
so called because his cattle having become too numerous for
the grazing which he himself possessed, he had commenced
to give them out to others as taurcreic, or additional stock*
Thei*e is no amount of property fixed as the necessary quali-
fication for this rank, the test of the qualification for which
w&s that his property was in excess of his means of supplying
necessary grazing. The amount of his honor-price and the
value of his oath, &c., is eight l^eds, his house was twenty-
seven feet in length, with a back-house of seventeen. His
proportionate stock was four cumhals, and hia food-rent' a
cow with accompaniments one year, and a male colpach
heifer the other.
A '' fer-fothla" chief manifestly stood at the head of the
** bo-aire" class, for it was the " fer-fothla" who is described
as passing from the non-noble to the noble grade in the
manner subsequently discussed.
F. The "aire-coisring" chief is evidently an official person,
and not a sub-division of the " bo-aire" class. He is described
thus : — " Why is the * aire-coisring' (i.e., the binding 'aire')
80 called ? Because thathe binds people, king, and synod
on behalf of bis tribe (cenel), in their rights of safety by
verbal engagements ; but they concede to him leadership,
and a right to speak before (or for) them. He is the family
chief then. He gives a pledge for his family to king, and
synod, and professional men, to restrain them in obedience."!
His honor-price and the value of his oath, &c., were fixed at
eight seds. His house was thirty feet in length, and the
• Page 311- t Page 817.
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clxXXViii IKTRODUOTION.
outhouse nineteen. Hii^ proportionate stock was five cum-
haJs, and his food-rent a cow with its accompanimenis, and
a male " colpach" heifer, with its proportion of other food.
No amount of property is fixed as a necessary qualification.*
The " aire-fothla" passed under peculiar circumstances from
the " bo-aire" class into the noble class — that of the " flaiths."
These are explained in the following passage of the text : —
" When does the ' Aithech'-tenant become a chief having the
bo-auich-ship ? Upon going into a ti-ue green (the extent
of precinct suitable to the rank of a flaith). When he has
as much as the * aire-desa/ it is then he is an aire-desa, &;c."t
When we turn to the explanation of an " aire-desa" chiefs
qualifications in a subsequent page, the following passage
occurs : — " And he is. the son of an ' aire,* and the grandson
of an ' aire/ "J The " bo-aire-fothla" chief did not attain the
rank of a " flaith" by merely purchasing an acre of land, for
there is no reference to land in the transaction ; nor did he
acquire it by virtue of possessing merely the property of a
" flaith," for his property was required to be double of that
at which a " flaith-desa" was valued, nor again could he be
considered a " flaith," unless both his father and grandfathers
were " aires," which must mean something more than they
had been " bo-aires." That there was some element of here-
ditary descent requisite to fix the social position of a " flaith"
all analogy leads us to expect. The elevation of a " bo-aire"
to the rank of a flaith was not simply equivalent to his being
rated at a higher valuation. He acquired what was called
the " deis"-right, whicli is thus defined in the text : — " What
is the deis-right of a 'flaith' ? The goodly right to protect
his oflice or rank. There are four * deis*-rights prescribed
for the ' flaith*-chief. The ancient protection of the people
(or territory) is his office in the territory, together with the
office of leader, or ' tanist*-leader of the army, whichever
office it may be, of his 'giallna '-tenants, his * saer'-tenants,
his ' sen-cleithe'-tenants, the punishment of every imperfect
service, the following of cottier tenants and * fuidher -tenants
♦ Page 319. f Page 817. t P«ge 321.
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INTRODUCTION. clxxxix
whom he brings upon his land, because his wealth is the
greater and better."* And again, " Why is the ' aire-desa'
so called ? Because of the fact that it is on account of his
* deis'-rights that he is paid ' dire-'fine. Not so the * bo-aire'
chief; it is in right of his cows he is paid * direVfinc^t
Upon this subject Mr. Heam makes the following ob-
servations : — " Among the members of the clan itself, within
the ' cineV in the strict sense of the term, and apart from
the exceptional privileges of the royal house, there was a
weD-marked difference. That difference was between the
noble and the free, or, as it may otherwise be expressed, be*
tween the gentle and simple. Both .classes were equally^
members of the clan, and, to a certain extent had equal
rights. But both by public opinion, and by the custom
which supplied the place of law, certain sections of the
community possessed, in comparison with, other sections
thereof, an acknowledged superiority. Their descent was
purer; their wealth was greater ; their wer-geld was higher ;
their share in the public lands, or in the distribution of
booty, was larger; they were the natural leaders of the
community in war, and its natural councillors in peace.
Accordingly, we observe in the early history of all Aiyan
nations, the presence of what may be called a natural
aristocracy, as the leaders and kinsmen of a natural demo-
cracy. It is not difficult to understand that some households
should be more prosperous, more numerous^ and more
wealthy than the others. Yet these advantages are rather
the effects than the causes of such a difference as that
which we are considering. Even if there were no evidence,
that in at least certain societies, land was distributed accord-
ing to the rank of its holders, they are inadequate to explain
all the facts of the case. They may -account for the differ-
ence in modem society, where individuals rise and fall with
a rapidity unknown to archaic nations ; but they do not
explain the strongly marked lines, which intersect the
society of the ancient world. The preceding inquiries point,
for the cause of the difference, to some sentiment connected
• Pago 821. t Page 821.
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CXC i:iTllODUCTION.
with the peculiar religion of our forefathers, and consequently
affecting their descent. .The facts correspond with the ex-
pectation. A certain series of pure descents was sufficient
to establish freedom, and a share in the government of the
community, and in the distribution of lands ; but another '
and a larger series was necessary for the full enjoyment of
all the honours and all the consideration which the com-
munity could give." " The rule of nobility seems to be the
result of two other rules. One is that fundamental
principle of taking the common great-grandfather as the
stock or founder of the joint family or Maeg ; the other is
the rule of the Three Descents. The effect of the latter rule
was, that for the purpose of acquiring full rank in any par-
ticular status, the claimant must show that his father and
both (?) his grandfathers had held that status. C!onsequently,
a man who claimed to belong to the nobility of the clan must
show that his grandfather was noble—that is, that his grand-
father had a kin, or in other words, had a great-great-grand-
father who was a freeman." After referring to various other
archaic systems of law, Mr. Heam makes the following re-
marks upon the existence of this rule among the Celtic
nations: — ''The Celtic nations also exhibit traces of a
similar custom. In Cymric law, the descendant of the
originaU.!^tic! or stranger to the district, was, after the lapse
of three generations, ranked as a " Briodwr ; " and thence-
forth became irremovable, and was entitled to his share in
the lands of the * vicinity.' In Scotland a similar rule ap-
plied to serfs, although it is possible that in this case the
rale may have been introduced from England. In Ireland
the descendants of a Bo-aire, or Ceorl, might aspire, when
they possessed land (?) for three generations, to become
Flaths."* So, too, *'A'Fvddhir' familyt in the fourth gene-
ration— ^indeed, in the third, for the Daer Botach had also
right of settlement — could not be ejected from the land.
That is, the thii-d descendant was capable of transmitting
heritable right, and the fourth of acquisition by virtue of
such right." As a curious exemplification of this principle,
* Manners and Customs, &c., Vol. I., p. cix. t lb., p. cxxL
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lUTBODUCTION. CXCl
Mr. Heam refers to a passage in the Introduction of the
preceding volume relative to the claims of his original
church upon the property of a former member.* Upon the
practical working of this rule Mr. Heam further remarks :
— "These considerations indicate the triple distinction of
the ancient free population. It consisted of freedmen, of
freemen, and of nobles. The distinction rested exclusively
upon blood, and could not, therefore, be removed by grant
either of people or of King. By the operation of time, if •
there were no disturbing influences, each lower class .natur-
ally passed into the one next above it. Each step of the
promotion brought with it increased consideration, additional
strength and influence, by reason of a more numerous
kindred, and more extended alliances, and no small material
Advantage, both direct and indirect. At a later period, when
the dependent portion of the household became developed,
and the Gesindschaft was established, other varieties of rank
arose. Nobility was then derived, not from birth, but from
official position, and attendance upon the throne."t
The idea of "limitation" in the Irish law was connected with
three successive lives, either of three persons in lineal de-
scent, grandfather, father, and son; or of three successive over
lords, as in the case of Daer Fuidhir tenants,^ or of three
successive owners, as in the case of rights of water. The
same idea of three, or its multiples, being the basis of such
calculations, also appears in the passage in this tract, stating
that cottiers and *' fuidhir "-tenants been " sendeithe ''-
tenants, and irremovable after serving for nine times nine
years.
We niay now proceed with the aivalysis of the remaining
ranks in the tribe.
• VoL IIL, p. IxijK.
t These extracts are selected from the Tlllth Chapter of '* The Aryan Hopaa-
hold," pp. 193 to 209.
X Upon this point Mr* Heam seems to have fallen into error.— ¥.8.
X
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CXCU , INTRODUCTION.
B.— The Noble Classes.
1. The "aire-desa**.— rThe property with reference to which
this and the subsequent class arc arranged^ is manifestly
land, as the number of the tenants of each is respectively
stated, as in the non-noble classes the number of their cattle.
The tenants of the " aire-desa " were ten, five " giallna," and
five *' saer "-tenants. The amount of food to be furnished by
the tenants is stated in detail. An incident to the right of
feasting at the houses of his tenants {" coshering ") was the
number of persons whom he might take to their houses from
the "Calends" to Shrovetide; ten couples are the number
specified in this case ; in return he was expected " to pro-
tect his tenants in all just suits of ' cain ' law and ' cairde'-
law, standing towards them in the relation of a patron to his
clients. The legal value of his oath, &c., and honor-price
was ten ' seds '; the length of his house twenty-seven feet ;
his proportionate stock was six ' cumhals,* and his food-rent
two cows."*
2. The " aire-echta " was an officer of the tribe, and does
not represent a class ; this is obvious because no property,
qualification, rights, or liabilities, are specified in his casci*
The dutyof the "aire-echta" was "to avenge the insult offered
to a territory in which a pereon was lately killed ;" he was
an appointed avenger of wrongs. This is illustrated by the
case of the blinding of Cormac Mac Airt, " Aengus Gabhuai-
dech " was an " aire-echta " (translated " champion "), who
was avenging a family quarrel in the territories of Luighne,
and he went into a woman's house there and drank milk in
it by force ; and the woman said, " It were better for thee
to avenge the daughter of thy kinsman upon Cellach, son of
Cormac, than to consume my food by force." J Aengus there-
upon at once proceeded to Temhair and slew Cellach ;. the
point of the story seems to be that the woman reproached
the "aire-echta" for plundering her under colour of avenging
a family quarrel, while he left unperformed the more im-
portant and dangerous duty of slaying the king's son for the
abduction of one of the women of the tribe.
♦ Page 321. f Pag« 823. X Ante, Vol. III., page 83.
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INTRODUCTION. CXciil
3. The " aire-ard" He had twenty tenants, ten giaUna,
and ten " saer "-tenants ; twenty couple were "his right on
a feasting;" his honor-price and the value of his oath, &c,
was fixed at fifteen seds; his propoi-tionate stock waa seven
" cumhals," and his food rent three cows. There is no state-
ment as to the size of his house.*
4. The "aire-tuisi," who had twenty-seven tenants, fifteen
"giallna" tenants, and twelve "saer" tenante; he had
thirty couples at the feasting. The value of his oath, &c.,
and his honor-price was fixed at twenty "seds"; his house
was twenty-nine feet in length; his proportionate stock was
eight " cumhals," and four cows his food rent. The aire-
tuisi in the third generation participated in the government
of the tribe. " He makes (assists in making ?) ' corns '-ar-
rangements in the 'raith' right of his father and trrand-
£ather."t ^
6. The "aire-forgaill" stood in rank at the head of the
nobles, and next to the king and tanist ; his position is
marked by the words " he testifies to the character of the
grades we have enumerated, in every case in which a denial
of a chargis is sought, because his quality is superior to that
of his companions." This passage might leyd to the conclu-
sion that the " aire-forgail " was an ofiiciai who had the
power of deciding the status of the individual members of
the tribe, but inasmuch as the " aire-forgaill " chief is intro-
duced into the list of titles of dignities irv the subsequent
tract, although the" aire-echta" is omitted, it is probably
that the name indicates a class, not an office, and that the
right to give evidence as to the status of a member of a tribe
was incident to the position of the first class of the nobles.
He had forty tenants, twenty "giallna " and twenty '^saer"-
tenants ; the value of his oath, &c., and honor-price was
fixed at fifteen seds ; his house was thirty feet in lenfrth •
his proportionate stock nine "cumhals," and his food rent
five cows.$
6. The "tanist" of the king or his elected successor. He had
five " sencleithe "-tsnants more than an " aire-forgaiU"-chief
* Page 825. t Page 327. * t Page 829.
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CXCIV INTRODUCTION.
from which it may be conjectured that his father and grand-
father must also have been "aire-forgaill" chiefa His honor-
price and the value of his oath was fixed at thirty seds ; ten
"cumhak" were his proportionate stock, and six cows his
food rent. There is no reference as to the size of his house,
or his receipts from his tenants, which may be assumed to
have been considered the same as those of the ''aire-forgaiir'
chief, and it is probable that the additional five " sencleitbe"-
tenants, which he is stated to have, were not in addition to
the number of the tenants required for the rank of an aire-
forgaill, but are introduced to indicate thkt his tenants had
acquired the position of " sencleithe "-tenants under his
family, as a proof of the status of the tanist himself.*
7. The king. This rank is sub-divided into three classes: —
A, A king of hills or of horns ; the term is not easy of ex-
planation ; it, however, is used to designate the position of
the head of a fully oi^anized tribe. Naturally no property
qualification is annexed to this rank. His honor-price and
the value of his oath, fcc., were fixed at seven " cumhals ";
his proportionate stock was twelve " cumhals," and his food
rent six cows. The size of his house is not stated.*
W A king of companies, the head king of three or four
reguli. His honor-price and the value of his oath, fee, were
fixed at eight "cumhals," for which amount his "sick
maintenance " was to be commuted ; his proportionate stock
was fifteen " cumhals," and his food rent eight cows.t
O. The head king, whose supreme position is indicated by
the passage, " under his control every chief is who cannot be
corrected by his lord." His honor-price and the value of
his oath, &c., were fixed at fourteen cumhals; as the supreme
head he could give, but not receive, cattle, and therefore there
is no reference iu this case to propoi-tionate stock or food
rentt His residence is described with much particularity as
a fortified " dun " fort, but the length of his house does not
much exceed that of the higher noble classes, being only
thirty feet.
The rank of every freeman dctennined that of their family
♦ Page S29. t Pago 381.
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INTRODUCTION. CXCV
and dependents, and entitled them to proportionate com-
pensation. " Half the sick maintenance of a nian of every
grade is due for his lawful son, and his wife ; for it is half
which is due for every lawful person, one-fourth for every
unlawful oTie. The wives of mercenary soldiers have sick
maintenance in right of their sons and husbands. Stewards
and coiuiers are sustained with half the maintenance of their
chief. They arrange that their share in the maintenance
corresponds with their sustenance by their chief. Every
artizan who makes the manufactures of a chief, or a church,
is sustained with half maintenance, according to the rank
of each person whose manufacture he makes.^*
The object of the author in fixing the number seven as
the basis of his classification appears in the passage: — " The
maintenance of every grade in the church is the same as
that of its co-grade in the laity.'** He desired to treat the
seven grades of the church as correlative to the seven grades
of the laity, the oatiarixis corresponding to the " mbidboth "-
man, and the bishop to the Eling ; or rather, finding the
number of grades in the church fixed at seven, he attempts
to classify tlie laity in seven grades, and either omits or
interpolates ranks to produce the required result. This fact
is conclusive of the extremely unreliable nature of the
classification contained in this tract, and the impossibility
of treating it as historical evidence of the organization of
an Irish tribe at any period.
The analysis of this classification is shown in the annexed
table. None of the incidents of any rank are iritroduced
except such as are more or less common to aU, and capable
of being numerically expressed.
In these tables the names of the*classes printed in Italics
are those which are rejected upon the ultimate analysis.
The introduction of the *' aire-echta " to make up the numbet
is manifest in this table. The series of numbers in all the
columns seem to have been fixed before he was introduced,
and any numerical qualifications attributed to him would
have destroyed the regularity of the numerical sequence.
♦ Pag* 383.
n%
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CXCVl
INTRODUCTION.
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INTRODUCTION.
CXCVll
If we turn to the scheme of the ranlcs of a tribe contained
in the next tract, we find the airangement wholly different.
The titles of rank (or of discredit) given here amount to
twenty-six. The arrangement is in the inverse order of that
in the present tract, commencing with the Eling and pro*
ceeding downwards. The nine last of these classes may be
disregarded as representing the unfree class. They are
discribed as not possessing the right to go into the assembly
who had no dire iine, and were not worthy to enter into
bonds or securities.
There remain therefore seventeen distinct terms, represent-
ing, according to the author, so many classes of the free
members of the community. Their respective grades
are marked solely by the amount of their honor-price,
and the number of persons to free feeding they were en-
titled. A reference to the case of the class No. 9 (the
henchman '* adiihuid"), and class 21, the " a^r6-tuisi ", will
show that the phrase " free feeding " means the supply of
food to a certain number of individuals, not a right to pas-
ture so many head of cattle. The sequence of the ranks of
the free persons in the tribe, according to the sequel, woidd
.be represented as follows : —
lUukM.
Prop«rtj.
FxM-feadiag.
HoDor^prioe.
The^'Uaitne," .
None,
2 and a cow,
ftseds.
Th€ * second 'o/a ''Bo-airt,''
8 cows, .
8
2
The"Bo-iiire, .
10 „
4
8
A ''Flattkem" of one vastal,
5
4
A haff " Flatthtm'' person, .
—
8
6
A/uil^Tiaeihem'* person, .
—
10
10
A " Aw" person, .
—
—
4 half cumhals.
An "^ansruih" person, .
—
4
i cumhal and a
svrcrd.
An ^idhna'' person^ •
—
6
8 thirds of a cum-
haL
7 cumhals to four.
An''aire-Jhe" Chit/, .
6
An "aJre-dcsa'' Chief, .
—
10
An " aire-Udsi - Chief, .
—
20
1} cumhals.
An''aire-ard*' CUUr, .
An "airc-forgaiir' Chief, .
—
80
3} cumhals.
—
80
3 cumhals.
71 cumhals.
A King of the 8rd rank.
—
—
A King of the 2nd rank,
—
—
14 cumhals.
A King of the 8rd rank,
"
• ~~
5 cumhals of gold
and a jeweL
Ab to the ranks common to both, the following result
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CXCVIU INTRODTOTION.
may be arrived at by a comparison of the tests: — ^The
fi'eeman, without any property, is called in the Crith
Gabhlach a "mbidboth," and in the sequel an "uiatne"-
man> these two terms representing the lowest class must be
identical.
The " og-aire " of the first list con-esponds partly with
the 'second* of a "bo-aire," and partly with the "bo-aire"
of the second Ust.
The "aire-desa" is common to both, and it appears from
the amount of their honor-price, that the "full flaithem"
and the ''aire-desa*' of the second list are identical.
The titles of the "aire-ard," "aire-tuisi," and "aire-forgail,"
are common to both lists, but the latter tract treats the
*' aire-ard " as identical with the " aire-forgaiD." The sequel
ti*eats the " aire--ard** (or " aire-forgaill**) and the ** aire-tuisi,"
as officials simply, and they should, according to this autho-
rity, be struck off the list of the classes of society.
The result will be to reduce the number of the actual
ranks of society to four : — (1) the "mbidnoth" or "uaitne"
man, the freeman without property ; (2) the " og-aire," or
bo-aire, the freeman possessing a property qualification ;
(3) the " aire-desa," the noble with property qualification ;
and (4) three grades of Kingship. It is to be remarked
that at these points the valuation as to honor-price exactly
coincides.
If we refer to the scale of compensation for the death of
any person killed, as set out in the Book of Aicill, the result
is as follows : — ~ _
1. A king, bishop, professor^ chief poet, and eveiy
archmech person, or best '^ aire-forgail"
chief, . . • • • . « 14 ctimhals.
2. A middle or lower ** aire-forgaill " chief, or
"aire-ard" chief, 7 do.
is. An " aire-tuisi," or "wre-dcsa" chief, . .4 do.
4. A ** bo-aire," or ** og-aire *' chief, . . . 3 do.
5. A ^*fer-m]dbaidh**person, . . . • 3 do.
6. A " flcscach " person, or " dair '*- workman, * 1 do.*
♦ Vol. ill, p. 475.
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INTRODUCTION- CXCIX
Upon a comparison of these three lists, the following
results follow; that the essential distinctions as to itinks
were five only, viz. : — (a) the Kings of three orders, and those
persons, who, from their oflScial position, were placed in the
same category ; (fc) the nobles, who were sub-divided into
four classes : — ^the " aire-forgaill," the " aire-ard," the " aire-
tuisi," and " aire-desa " ; and that the best " aire-forgaill "
filled an official position, which placed him in the same
category as the king ; (o) the freeman possessing property,
the "bo-aire;" (d) the fieeman without property; and (e)
the non-free classes.
That a great proportion of the classes introduced into
the sequel are purely imaginary is evident upon the face
of the tract As between this tract and the Crith Qabh«
lach, to which it is supposed to be a sequel, the list in
the former appears the more ancient and trustworthy;
the author of the sequel, if he had had the Crith Qabhiach
before him, never would have abandoned the principle of
systemizing the ranks in sevens, nor omitted so many as
seven of the gradea He also ignores the precise directions
as to the sizes of their respective houses, and the amount of
their furniture, which occupy so large a proportion of the
Crith Qabhiach, and he does not allude to the amount of
proportionate stock and food rent, which in the Crith
Gkibhlach is stated as an essential mark of rank, upon the
assumption that all classes were bound in a feudal tie to
some superior. The statement in the Book of Aicill is clear
and practical, and is far more valuable as an authority tlian
the later tracts. It naturally follows that we regard the
Crith Qabhiach as, to a great extent, an imaginary work, the
Utopia of a Brehon Lawyer, and, although containing very
numerous fragments of archseic law, not affording any dis*
tinct basis of an historical character ; and that a description
of the condition of the ancient Irish nation, if founded upon
a faith in the Crith Qabhiach, as descriptive of an existing
order of society, must be considered as merely imaginary.
The concluding portion of this tract discusses the duties,
rights, and appropriate mode of life of a king, according to
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CC IKTRODUCTION.
the standard of the period ; of the ideal king, who is des*
cribed as a man full of lawfulness in all respects/ consulted
for knowledge, learned and calm.
Although there is difficulty in explaining many of the
details, a definite picture is given of the mutual relations of
the king and his people, and the mode of life at the date of
the work. The duties and rights of the king are conceived
as resting upon his representative character ; as the "flaith,"
as the patron of his retainers or clientele, or the head of the
house on behalf of his family, represents in the assembly or
before the judge all those technically "in his hand," so
the kings stands as the agent of his tribe ; " he swears for
them to the king {i.€., to the superior king) on behalf of the
territory. He denies (or makes oath) on their behalf ; he
proves for them to the extent of seven cumhals. He goes
into co-judgment, into co-evidence, with the king for his
people."* The relation of the king to the tribe implied
reciprocal rights and duties, as that of head of the house-
hold to its members : — " They are entitled to righteous judg-
ments. They are entitled to a pledge on their part. They
are entitled to sustenance as they sustain/'* In three cases
the king is authorized to bind the people by his promise
made on their behalf; viz., a pledge for hosting, which means
a levy of the armed force for a definite purpose, three of which
are stated in the text; a pledge for right; and a pledge
for international regulations. For three purposes the king
was entitled to call the people together ; for a fair, for a
meeting for con-ection, or making a contract, or for the pur-
pose of accompanying himself to the boundary.* The para-
gi'aph commencing in page 335 states: — "There are now
four rights which a king pledges his people to observe."
By this, having reference to the passage which follows,
should probably be understood the rights which the king is
entitled to exercise as against the people ; the measure and
extent of his executive authority. The first right mentioned
is the ricrht of " Fenechus "-law, but it is added : — " It is the
people who proclaim it. It is the king that proclaims the
♦ Page 333.
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INTRODUCTION. CCl
other three rights, and it is the king that enforces them."
The enactment of rules to bind the people rested with the
people themselves ; the king had no legislative power ; he
enforced obedience to the law, but could not himself enact
one. As the idea of the enactment of a new law, in the
correct use of the term, was quite foreign to the state of
society with which we are dealing, this perhaps might be more
correctly expressed by the statement that the people de-
clared the custom, and made the regulations incident thereto,
and that the king carried them out into execution ; having
reference to the second right attributed to the king, the
" Fenechus "-law proclaimed by the people dealt with the
division and management of the tribe land, which at the
present day is the all-engrossing business of the Swiss Com-
munes.
The second right of the king is defined as " a right after
they have been defeated in battle, and he consolidates his
people afterwards so that they are not broken up ; and a
right after a mortality."* Both of the circumstances under
which this right of the king arose, are cases in which the
tribe had suffered the loss of many of its members, and the
relative proportions of the several households had been
materially altered, and for the stability of the tribe, and to
ensure cultivation, it would be requisite to redistribute the
tribe land among the surviving members. The extreme case
of a tribe having been driven out of its original territory,
and establishing itself in a new district, would be an instance
of the circumstances under which the exercise of this
unusual authority on the part of the king would be neces-
sary ; so also if, by any casualty, a large proportion of the
tribe perished (we frequently read in history of the destruc-
tion or banishment of an entire gens), the result must have
been, to a greater or less extent, a recasting of a mode in
which the tribe land was distributed.
The third right is defined as that of the King of Caahel
in Munster, that is, such well-known rights as the King
of Cashel, taking him as the leading case, is understood
♦ Pag« 885.
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ceil INTRODUCTION.
to possess.* Three such are enumerated, the first of
which is obvious enough, "the right to help him to
drive out foreign races." The right secondly mentioned,
" a right for the sowing of seed," is not so simple or easy
of explanation. Dr. O'Donovan explained it as a right of
the head king, when the under kings were fighting among
themselves and neglecting their legitimate business, to
compel them to abstain from hostilities, and " to sow their
lands." This is a remarkable instance of the habit of
attributing the morals and ideas of the nineteenth century
to the members of a semi-civilized community, and assuming
that they did act as we think that we ourselves ought to
* This passage in the original text manifestly refers to the celebrated Psalter
of Cashel, supposed to have been written by St Benean ^or Benignus) to appease
his relations, justly indignant that he, being a Munsterman, had blessed Con»
nacht, whither he had been sent by St. Patrick to preach Christianity.
** Cognati Sancti Benegni, ut populus EoganisB Casselensis, Ollldiana progenies,
et alii Homonienses, audito pradicto ejus facto, non parum offcnsi et contra virum
Dei indignati dicuntur. S. autem Benignus, ut istam offensam aliquo grato
d^lueret obsequio, famosum illud chronicon, quod Ptalierium Ccuselenae nuncu-
patur, inchoavit et composuit ; in quo non solum totius HiberniA Monarchorum,
aed spedaliter Humonis, acta, jura, prcrogativs, et successio censcribantur.'* —
Colgan, Trias Thaum, c. 33, p. 205. If we are to assume that the Book of
Bights practically represents and contains the substance of the Psalter of Cashel,
the " right of a king ** refers merely to the amount of food and supplies which he
was entitled to receive from his feudatory chiefs. The Book of Rights is singu-
larly devoid of any legal information or value whatsoever. If the author of this
treatise was acquainted with the Psalter of Cashel, or the Book of Rights, it is
difficult to understand how he has placed the feudal relation of the kings and
thdr chiefs upon the taking of cattle and food rent, and not upon the receipt by
the chiefs of the extravagant and fabulous gifts stated in the Book of Rights.
The gifts represented in the Book of Rights, as presented by the King of Cashel
to his feudatories, are, of course, imaginary; but that a ^'king of companies**
should take from the head king fifteen cumhals of cattle as his proportionate
stock, and pay eight cows as the food rent of his house, is equally incredible. It
would seem that both authors, each after hi? own fashion, were desirous of
stating the relative positions of the King of Cashel and his under kings. The
relation was created by the receipt by the inferior from the superior of somo
benefit, and a subsequent render of service in consideration of it. The actual
transaction may have taken a merely symbolical shape, which the author of the
Book of Rights has exaggerated in a poetic (?) form, and the author of this tract
described in accordance with the usage prevalent among the lower classes. As
there may be some who believe that St. Benean wrote the Psalter of Cashel, I
do not rely upon the reference to that work as a conclusive evidence of the date
of this tract
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INTRODUCTION. CCIU
have acted if placed in their position. K the over-lords had
exercised this right it would have been very fortunate for
the general body of the people, and the greater part of the
annals would never have been written. The simplest ex-
planation appears to be that the king could enforce the
cultivation of the tribe-land in the ordinary course of cus-
tomary husbandry. The third right is that " of lighting up
religion, such as is found in the right (or law) of Adamnan.''*
The historical celebrity of the '' Cain-Adamnan " arose from
the rule exempting women from liability to military service;
but this rule was only one of the clauses, and the reference
here made seems, to be to those enacting the performance of
specified religious duties.
The rank of the king was regarded as official^ not
personal; if^ therefore, he engaged in the labour fit only
for a plebeian, he was for the time being reduced to the
plebeian grade, and his dire fine assessed accordingly.
The four occasions when he thus lost his status were
when he used a clod-mallet, or a shovel, or a spade, or
when he travelled alone. The reason for this latter rule is
remarkable : '' This might be the day upon which a woman
alone (without witnesses) might swear her child upon a king
a day upon which no one could give testimony but heradf
alone,"* a rule not devised for the protection of the moral .
character of the king, but to prevent the danger of the
introduction into the family of the king of spiirious bastards^
and to guard against such mischief as was caused by the
facility with which Shane O'Niel acknowledged aU children
attributed to him. In one other case the king lost his status,
and was entitled to the '' dire "-fine of a non-noble person :
when in retreating from battle he was wounded in the back.
Upon this point the author remarks, with characteristically
trivial accuracy, that the rule did not apply when the
weapon had passed through the body and came out at the
back**
The days of week are in this treatise portioned out to the
various duties imd pleasures of the king.^ He abstained
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CCIV IKTRODUCTION.
from labour on Sunday, but his " occupation " upon this day
was drinking ale, and distributing it to others, "he is not a
lawful Flaith who does not distribute ale eveiy Sunday."
Strange to say there is no allusion to any religious ceremo-
nial, an omission the more remarkable as the author writes
under evident ecclesiastical influence. The remaining days
of the week were appropriated as follows : Monday to public
business ("for causes for the adjustment of the people"),
Tuesday to chess, Wednesday to coursing, Thursday to
marriage duties, Friday to horse racing, and Saturday to
announcing his decisions ("giving judgments"). Such a
passage is ample proof how much of the details and arrange-
ments in this treatise are purely fantastia No one for a
moment imagines that a king spent his time in the absurd
routine here su^ested ; yet it is not, in our opinion, more
imaginary than the preceding specification of the size of the
houses and the amount of the furniture of the respective
grades of society. Such a work as the present can be relied
upon in its general results only ; as to the numerical details
we have no means of distinguishing which are imaginary
and which are exact.
The king was responsible, both to his own people and to
extems, for illegal or irregular seizures or requisitions ; this
appears in a negative form fi*om the exceptions to his assumed
liability. The three excepted cases are: (1) the requisition
levied upon a' rebellious and reconquered territory ; (2) a
requisition upon the members of his own tribe when an extern
king was his guest; when there was an unusual demand
upon his hospitality ; (3) the seizure of dry cattle which
have trespassed upon the tribe waste. In the two latter
cases the cattle were to bo restored, which proves that what
the author was treating was not the return of (or payment
for) the goods, but the consequences of their illegal seizure.
The duty of hospitality is strongly enforced upon the
king ; such is the meaning of the pamgraph commencing,
" There are three fastings which bring no offence to a king."*
The fasting alluded to is not the fasting of the king, but tho
♦ Page 337.
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INTRODUCTION. CCV
fasting of bis guests ] a failure in the duty of hospitality is
only excused by the absolute want of the means of pro-
viding the necessary food ; what we should express in one
general term is here stated in the form of three special ex-
ceptions; At the conclusion of the tract, the author describes
an Irish king sitting in state at the head of his retainers
and court ; and in the passage it is certain that he has
omitted no detail which, in his opinion, enhanced the splen-
dor, or testified to the power, wealth, and luxury of a Celtic
prince of the 'period.* At the south end of the house>
which must be understood to be a large fournsided hall, are
posted the body guards of the king, four in number ; these
are not men of his house, or of his tribe, but broken, land-
less men, whom he had freed fix)m dungeon or gallows, or
from servitude of the lowest grade, men without tribe or
home, who existed only as the hirelings of their masters ; the
man, whose life the king had spared in battle, was not con-
sidered as sufficiently in his power, " for he may lay hands
upon him and kill him out of devotion to his man chief or
people'^ — such a man could not be trusted, for he had a tribe
and home to which he might return. The four guards sur-
round the king — one in front, one in the rere, and one oa
either side ; to secure the fidelity of these mercenaries, they
are watched by another stranger, one of the hostages fur-
nished by the subject tribes, or the under kings ; it is easy
to see that if this man was a hostage for the fidelity of his
tribe, they in turn were securities for his peraonal fidelity
to the king, to secure which, further, he was allotted land to
the large amount of seven cumhals, equivalent to the honor-
price and judicial value of an under king ; he is seated by
the guards behind to watch their actions. From the king^s
right hand, along the east wall of the hall, are ranged suc-
cessively his guests, his poets, his harpers, flute-players,
horn-blowers, and jugglers ; opposite the king, at the other
end of the hall, sits his champion, who would be described
in an Eastern court as " his chief fighting man ;" on the
king's left hand, along the western side of the hall, are
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CCVl INTRODUCTION.
ranged his wife, his brehon, and his '' saer "-tenants, or noble
vassals ; at the door is stationed a ^' man of deeds," to keep
it; before the champion and the doorward is set up the
spear of each ''against the confusion of the ale-house ;'\
close to the champion, in chains, stand the "unredeemed
hostages," whose appearance in fetters was manifestly an
essential portion of the spectacle. Having exhibited the
king in fulness of his power and splendour, the author asks :
" Which is greater, a king or a bishop ? The bishop," he
replies, '* is higher, because the king stands up (to salute
kvin)y by reason of religion, A bishop, however, raises his
knee to a king."*
The impression produced by the Crith Gabhlach as to the
condition of the Irish people at the date of its composition.
Is very unfavorable. Their houses must have been small
and ill-furnished ; the length of the house of an " og-aire " is
set down as seventeen feet — about the size of the cottage
of poorer class of farmers of the present day — ^and the house
of the head king is stated to measure only thirty-seven feet
in length ; from this we must conclude that the habits and
mode of life of the upper and lower classes were very simi-
lar ; the houses would seem to have consisted each of one
room only ; the description of a house, as having so many
" beds," not rooms, in it, shows that they all slept in one
chamber ; the houses were wood, or wattle-work, of a very
unsubstantial character; the back house so often alluded to
was probably a detached kitchen ; the furniture described is
of the simplest nature, and in insignificant quantity ; al-
though some golden and silver articles are mentioned, there
is scarcely an allusion to rich dresses, jewels, personal orna-
ments, or works of art ; the ordinary diet seems to have
been of the coarsest description ; and it is remarkable that
there is no allusion to wine throughout ; the description of
the king's court must be very much exaggerated, or the size
of his house under-estimated, for it would be impossible to
crowd into a room of thirty-seven feet in length, the number
of persons detailed as forming his court and retinue ; the
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INTRODUCTION. CCVU
wanb of refinement in manners is marked by the fsuct of the
champion and man of deeds at the palace retaining their
spears " agaiast the confusion of the ale-house/'
The old tribal organization continued to be the supposed
form of their social system. Wo read of the king calling his
people together for various purposes, and of the people them-
selves declaring the "Fenechus" law, but the univerwd system
of commendation extending from the low "mbidboth" man
to the king of companies (every one of whom received cows
from a superior, and paid his food-rent), and the masses of
non-free tenants who swelled the retainers of the '*flaiih,**
prove that the new system of personal relation was being
rapidly substituted for the bond of tribal union ; the tribe
lands had been monopolized by the noble class ; whether by
grant or force, fairly or unfairly, is unimportant. The
double process is summed in the Latin sentence — ''Hsec fer&
pascua data sunt depascenda sed in communi ; quse multi
per potentiam invaserunt." As a natural consequence, land-*
less men and '' fuidhirs *' abotmded ; the general instability
is proved by the custom of hostages, and the presence of the
foreign retainers who surround the king; and the rules, as
to the maintenance of the wife of the mercenary soldier,
show that the hired gallowglass, the curse of Ireland, was
not unknown.
The Crith Gabhiach may be fairly characterized as the fan-
tastic production of an antiquarian lawyer of a strong eccles-
iastical bias, composed at a date at which the tribe system
was breaking up, and the condition of the people, both
moral and material, had much deteriorated. The work is
of the highest value as an antiquarian treatise, rather on
account of the general principles which it assumes, and the
incidental statements which it contains, than from the
accuracy of its classification, or the truth of its minute de-
tails; and any deductions founded upon a belief in its
historical value must lead to conclusions involving the too
common error of substituting an imaginary, for the actual,
condition of a people.
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CCVIU INTRODUCTION.
XIL
Sequel to the Crith Gabhlach.
This tract deals with the same subject as the preceding,
and can be advantageously considered in connexion with it.
In the original manuscript no special title has been prefixed
to the treatise, and for the purpose of the present volume it
has been named the sequel to the Crith Gabhlach, implying
that the subject dealt with in the preceding tract is further
discussed in the present, but not that it was a work by the
same author, or composed by another author as an appendix
or continuation of the Crith Gabhlach ; in the last section
of the introduction it has been sufficiently shown that two
different schemes for the sub-division of the rank of society
are adopted by the respective authors, and that, so far from
being complimentary, the latter tract is contradictory to the
former.
The legal rights with reference to which the several
ranks are classified by this author are specified by him as
nine in number. As stated by the author, tliese appear to
have been as follows : — (1) the greatest and least number of
attendants brought by them to their cosherings upon their
tenants, or accompanying them as their " company in the
tribe " ; (2) their feeding, probably the amount and nature
of the food to be provided for them; and the amount of com-
pensation to be paid to them under the foUo^ivnng heads : —
(3) for " esain " ; (4) for wounding ; (5) for insulting ; (6) for
the violation of their protection; and as (7) their honor-price;
(8) also the obscure fines described as " blush "- and blister-
fines ; (9) and their exemptions before and after refections.*
Although the classification may have been originally made
with reference to these several heads, the detailed rights and
duties of each class are very imperfectly stated, and all
reference to some is wholly omitted. It is remarkable that
to a large proportion of the classes specified the alleged
grounds of the classification, certainly the greater portion
* By " exemptions ** we should understand *' privileges ** in the fall extent of
the word; either special rights or special duties, tfae enjoyment or perforraance of
which distinguished the indiyidual from tho general mass of the nation.
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INTRODUCTION. CCIJ;
of them are inapplicable, and that there is not any reference
made either to their proportionate stock and food rent, or
the sizes of their dwellings, matters dealt with in detail by
the author of the Crith Gabhlach, The twenty-si^; classes
stated in this tract of the classes of this tract are enumer-
ated downwards, that is, commencing with the head king,
and proceeding downward to the lowest grade, but it is perhaps
more convenient in considering them to adopt the inverse
order, and to proceed from the unfree classes as the natural
basis. The nine last classes are inteoded to comprise the indi-
viduals, not members of the tribe, either as originally unfree,
or as having lost their original status ; they are described as
not possessing a holding, or talents, or followers, and therefore
not worthy to form part of the assemblies, or companies of
refection, nor entitled to " dire " fine, or to enter into
securities or give evidence. They are evidently regarded
not as servile, but unfree, haying no status, and possessing in
theirown persons-no legal rights; it would follow fromanalogy
that their persons could be protected and their property
secured to them only by the intervention of some member
of the tribe, in whose "hand " they would technically con-
sidered to be.
When the definitions of these nine classes are considered
it appears that they are not arranged with reference to their
respective rights, for they are all described as possessing none,
but leather with reference to the causes whereby they had
lost, or did not possess, any recognised status, and that the
nine classes are sub-divisions of one class, distinguished from
each other by purely accidental circumstances. The ranlcs
thus eni^merated are as follows : —
(a) A " henchman,* a soldier of a good race '* — the nearest,
to the hip of a leader when going to the meeting, who,
with his wife, was entitled to free feeding, and a fine
for certain injuries. This is clearly a description of
the immediate followers of the King; either of the four
pen^onal attendants who surrounded him in his hall,t or
of the mercenaries w^hpse w^ive's had sick maintenance in
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CCX INTRODUCTION,
right of their husbands.* The description in the Crith
Gabhlach of the class of persons with whom the kings sur-
rounded themselves, proves that they were selected precisely
because they were not members of the tribe, and, therefore,
bound to the lord by simply personal interests.
(6)1 The freeman who had "lost his patrimony,his lands, and
his stock, and did not possess anything throughout the terri-
tory visibly or invisibly." By the loss of all his property the
freeman lost also his status. This class must be distin-
guished from the " mbidboth "-man, the lowest class in the
Crith Gabhlach, who, as having cattle lent to him by a lord,
and paying food rent for his house, did possess a certain
amount of property, however small, and therefore retained
his status.
(c) A •' cow grazier of a green,"t a term used meta-
phorically to express the case of the freeman who has lost
his status, not from poverty, but by reason of disgraceful
cowardice — ^a man dishonoured, as the Greeks expressed
it, by having lost his shield ; he is described as keeping his
cattle within the green or enclosure near his house, and not
daring to drive them out into the common pasture through
fear of the wolves.
(d) A " Baitse "t tenant, of whom no description can
be given except that contained in the text: — "A man
who is not freed by profession or residence; that man
does not belong to a company, who has not the deeds
of a champion in him. He does not go security, nor is he a
pledge with a chief or a church, because it is a sunbeam he
is called."
(e) The fifth class is described as "a man matched with
a bad wife, by whom he is rendered deranged and un-
steady ; such a person is defined as an '* oimut."t Extra-
ordinary as are some of the definitions of the Brehon
lawyers, it is impossible to believe that the author of this
tract seriously intended to express what these words, in their
plain and ordinary meaning, state, and not to suspect that
an ancient and forgotten rule, either as to the origin or
• Pftge 331. t Page 35a
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INTRODUCTION. CCXl
some specific acts of the wife, survives in this apparently
absurd description.
(/) A " midhlach "♦ person, an effeminate, un warlike
man, a coward or an imbecile. As the coward has
already been enumerated under the head of the "cow-
grazier of a green," this class may more properly include
idiots and imbeciles ; the added words " so that he is the
material of a victim to be given on account of the territory "
(if the translation be correct), might mean that he was a
very fit person to permit to be killed in expiation of a blood
feud. The word " cimbid " admittedly means a man whose
life is forfeited, '' a victim," and the text appears to refer to his
being utilized in this fashion, when it speaks of being or
affording the " material for a cimbid."
(gr)t A clown, moimtebank, or buffoon, not a jester simply,
but what we should call an itinerant tumbler, dishonoured
because he "went out of his shape before hosts and crowda**
(h) A "rias-cairc" maA,t "a robber whom his race and
family shun, a violator of ' cain ' law, and of law, who goes
from marsh to marsh, and from mountain to mountain," or
as it is also explained, expressive of the latter fate of such
an one, " a rath-builder who is enslaved to a chief and a
church,"
And lastly, (i)t The person described as "a cruinb-fox, who
gets the crumbs of all food natural £uid unnatural, whatever he
crunches or eats is his ;" by which may be meant a starving
roguish outcast ready to appropriate and consume the frag*
roents of other's victuals.
These descriptions of the unfree men throw a light
upon the meaning and intention of the author's classi-
fication; he is not merely stating the legal grades and
acknowledged ranks of society, but arranging tbe men
of the society in which he lived, with reference both
to their actual rank and supposed respectability, as he ex-
presses it{ when he says that persons are estimated not only
by form and race, land, tillage, and pioperty, but also by
their profession and worthiness. It is very natural to speak
♦ rage 353. f Pag* 35«.
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CCXll INTRODUCTION.
with contempt of cowards, fools, mountebanks, &c., but no
one can contend that these various disreputable characters
were acknowledged steps in the social hierarchy, which had
its culminating point in the head king.
K a writer of our own day undertook to describe the
various ranks of English society, and having commenced
with the following: — "Tramps, housebreakers, acrobats,
idiots, henpecked husbands, cashiered officers, insolvents,
&c./' finally concluded with the " bishops, carls, marquises,
dukes, the Lord Chancellor, and the Queen," we should
understand that he had confused the ideas of legal rank and
social respectability in a hopeless manner ; and yet any such
work, if preserved to a date at which a wholly different form
of society had been substituted for that now existing, would
be valuable to the antiquarian of the future as illustmtive
of the gradations of our society ; but we may hope that
enough of our literature will remain to prevent the occur-
rence of the mistake that insolvents and acrobats were ranks
in society in the same manner as dukes, or that insolvents
and housebreakers were permanent castes.
Bearing in mind the fashion after which the classification
of the unfree persons has been constructed, let us turn our
attention to the seventeen classes into. which the free mem-
bers of the tribe are divided. If M-e refer to the table in
page cxcvii it will be observed that the ranks not common
to both the systems of classification in this tract, and in the
Crith-Qabhlach, are marked in italics. On examination, all
these will appear to be grades of social respectability — ^not
legal ranks — grades of respectability which gave those who
possessed them substantial claims against the members of
their families or third persons, or affected their compensation
for wrong, but did not elevate them in the assembly above
the other freemen, or entitle them to political privileges or
grades in society arising from official position or public ser-
vices.
These classes among the nobles are as follows: — (a)*
the " aire-fine" the head of a "fine " (probably, as before sug-
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INTRODUCTION. CCXlll
gested, the " geilfine-flaiih"), a person of consideration and
importance, as representing the members of the "^n«/* but
no more forming a rank in the tribe than the head of a house
&s representing the several members of the household.
(6)* The " idhna"-person, who has a number of sons who are
bom to him, and of male relatives (or brethren) to the number
of thirty champions. He is entitled to free living of five from
his "fine'' The key to the interpretation of this lies in his
right to free living from the "/ne." He must belong to a
'* jine^ and there must be other households in the "/i-iie/* in
which he should have his free feeding for four. His quali-
fication was the possession of sons and brothers, warriors —
thirty in alL He appears to have been the head of a house-
hold (or joint family) within the '*finel* so numerous that
the household allotment being insufficient to support them,
a certain number were supported by the remaining houses
of the ''fine'' A person, the head of a numerous household,
would manifestly be one of much power and influence in the
early stages of society.
(c.) The " ansruth"*-person is described as one "who
protects his mansion and his land. He is allowed (lit.
For him is) the wounding a person in each term of
the year. He has no fewer than twenty (attendants)
in an extern territory. He has free feeding for four on
every side, and from every chief in his * tuaith.' He is en-
titled to a trusty sword for his honor-price." As the
" idhma" was entitled to support from the *' family," the
" ansruth" was entitled to it from the tribe. His position
involves the wounding or slaying of his others, and his
absence from the tribe-land with the accompaniment of a
strong escort. His peculiar honor-price, the sword, indicated
his office. He may be easily identified with the " aire-echta"
of the Crith Gabhlach.f
♦ Page 849.
t The iweition of the champion or defender of a territory ia well illnstrated by the
following passage of the Tain Bo Ghnailgne : — .
"Cuchnlatnn then asked his charioteer where the great road which passed
Emania led to, and he answered that it led to Ath na Foraire (».«. the Ford of Watdi-
ing) at Aliabh Fnaid (a well-known mountain lying at the south of ancient Emania,
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CCXIV INTRODUCTION.
(d) The " dae^-person* is described as one "who for
another goes to fight his battle, when he has no help of
his family." The position of. this person is determined
by his relation with neither the family nor tribe, but
with some third person or persons, whose quarrel he has
espoused. His position resembles that of a patron with a
client, or a chief to whom a poor and oppressed man com-
mends himself. Perhaps the description is intended to apply
to the leader of hired gallowglasses, the condottiere of the
period, which interpretation is rendered probable by the
phrase, ^ he is entitled to free feeding and that of his sol-
diers "f A character of this description, undoubtedly, never
formed one of the normal ranks of the ancient tribe.
in the present connty of Annagh). ' Why U the ford called the Ford of Watch-
mg?* said Cuchulahin. 'Becanse/ said Ibar, Hhere is an Ultoman champion
constantly watching and guarding there, in order that no trarriors nor foreigners
should unperoeived enter into Ulster, irithout being challenged by him to battle ;
and the champion must answer for ady such challenge on the part of the whole
proTince.* * Do yon know who is at the ford to-day ? ' said Cuchulainn. ' I do,
indeed ; it is the valiant and victorious Conall Ceamach, the Royal Champion of
Erinn,* said Ibar. * Well, then,* said Cuchulainn, * you drive on until we reach
that ford.* **—rrayu/afec{ 6y J/r. Cf Curry, ^MaMntT$ and Customi of Os
AneUnt IrUh^ vol. ii., p. 865.
* Page 849.
t He, whose causa the " dae **-person asserted, can scarcely have been a private
individual, if any system of tribe law whatsoever existed, nor again can we
understand a private individual supplying free feeding to him and his soldiers.
The employer of the " dae '*-man and his mercenaries must have been at least a
tribe chief, and the seutence, ** when he has not the help of a family,'* expresses the
independent position towards his tribesmen, which a chief enjoyed who had
secured mercenary support. The ** dae *'-man would thus be the leader of the mer-
cenary guard, or head of the housecarls of a chief. Such bodies of men were called
*» Lucht Tiffhe,** or Household Troops. The Lucht Tinke of Tadhy O'Kelly, King
of Hi Main^, in Connacht, and of Ferghal 0*Ruairc, King of Breefney, were con-
spicuous at the battle of Clontarf, a.i>. 1014. In 1598 Hugh M'Guire, Lord of
Fermanagh, marched to battle with the people of his own territory, and a body of
** Amhuisy** or mercenary household troops drawn from other territories or countries.
The regular organization of these household troops, or bodyguards of the chieftain,
appears from the names of divers places ; for example, we know that there was
anciently a district in Monaghan called lAtcht Tighe mkic Mathgamhna^ that is,
MacMahon*s Household, because it was exclusively devoted to the maintenance
of the chief*s household troops, who thus ^ were entitled to free feeding on all
sides.** — CC Curry » " Manners and CtutotnM of the Ancient Triih^ vol. ii, p.
891-2.
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INTRODUCTION. CCXV
The three dajsses of the (e) " ogflaithem," (f) " lethflaithem,"
and {g) "flaithem of one vassal,"* are merely sub-divisions of
the poorer "flaitlis/* with reference to their income, the
amount of which naturally depended upon the number of
their tenants ; but there is no reason to believe that the
rights of a flaith were measured in accordance exactly with
the number of his tenants. Undoubtedly the " flaitli," who
had a large number of tenants who swelled the train of his
retainers, and paid him food rent, which enabled him to sup-
port others, was a much more impoi-tant person than the
"flaith" with few tenants, and that poor broken-down
•' flaiths" with one, two, or three old tenants were very little,
if at all, above, in public consideration, the cow-owning
churl, who was rising into the noble class.
It appears firom a passage in the last tract published in
this volume that the descendant of " flaiths" might fallback,
under certain circumstances, probably the want of qualifying
wealth, into the non-noble class ;t but there are no grounds
for considering that the " flaith " below the aire-tuisi were
legally divided into ranks in the exact ratio of their fortune.
The differences as to this point between this list and that
contained in the Crith Qabhlach are very instructive as to
the mode in which these detailed enumerations were com-
posed, and the reliance to be placed upon their numerical
statements. In both lists the bo-aire takes the highest posi-
tion among the non-noble classes ; and the ranks above that
are " flaiths " or noble ; the entire body of the " flaiths " be-
low the rank of the " aire-ard " (or that of aire-echta ?) are
included, according to the scheme of the Crith Gabhlach, in
the rank of the " aire-desa "; if the four classes of the " aire-
fine," " idhna "-person, " ansruth "-person, and " dae "-person,
be struck out of this list as not representing classes properly
so called, the three remaining classes of the " ogflaithem,"
" lethflaithem," and " flaithem " of one vassal remain, who
must fall within the class of the " aire-desa," as defined by
the Crith Gabhlach ; but the qualification of an " aire-desa,"
as defined in the Crith Gabhlach, was eleven tenants, and
• Page 351. t Pag« 881, 1. 9.
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CCXVl IXTKODUOTION.
he was entitled to feeding for ten couples. It is evident
therefore that many of the " aire-desa " class cannot have
had the wealth specified in the Crith Gabhlach as the quali-
fication for that i-ank, and that, despite the diminution of
their wealth, they still continued "flaiths/' as long, if we rely
on the statement in this tract, as they had a single vassal
This is perhstps what is implied in the definition in this
tract of the " aire-desa," as " a man who had preserved the
patrimony of his father and grandfather in the same condi-
tion as he had found it before him, and who accumulates."*
The name in this tract of " flaithem" of one tenant may, pro-
bably, at the date of this tract have been equivalent to the
French term of the lastcentury, which described avery impecu-
nious nobleman, as the seigneur of a duck pond, the smallest
conceivable amount of real estate which enabled him to assert
his position as a seigneur. The " uaitne " person, as described
in this tract, might be supposed to represent an ofiBlce, and not
a class^ but it is clear that there must be interposed between
the " bo-aire " and the members of the unfree classes, a class
representing the freeman without the full property qualifica-
tion of the " bo-aire," and the amount of the honor-price of
the " mbedboth " and the " uaitne " roan being identical,
there are sufficient grounds for considering the two names
as different designations of the same class.
It is important to submit the schemes of rank contained in
these two tracts to close examination, as the apparently
anomalous character of the Irish tribe has been chiefly pro-
duced by the assumption that the Crith Gabhlach sliould be
admitted as an exact and historical document, and its
numerical statements received without reserve as truthful
representations of existing facts; so long as this mode of
treating the Brehon Law tracts holds its ground, the ancient
Irish tribe system must continue to be considered, as it has
unfortunately too long been imagined, as an exception and
an anomaly , a maze of technicalities incapable of disentangle-
ment.
The tract next proceeds to deal with the ranks of the
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INTRODUCTION. CCXVll
learned professions, before enumerating those of the church ;
the mode in which the various ranks in the several scales
are considered equal to each other, and a harmony attempted
to be established throughout, appears in the following intro-
ductory passage: — "The distinctions (or titles) of wisdom
(literary professions) now are different from the titles of the
laity, because it is a " cumhal " of increase of honor-price,
which each grade of the church takes, from the lighter of
candles up to the psalm singer. It is by seds, however, the
increase of the " fine " gi-ades and poets progress from low to
high. Their proof and then- denial too correspond ; "a bishop
and a king, the origin of all chiefs," &c.*
The classification of both the Ollamhs and poets is
plainly merely an exercise of the imagination ; the
epithets and ranks are founded upon conceits, analogies,
and plays of works, and there is no practical infoima-
tion to be gleaned from them. Upon the other hand,
the discussion as to the " dire "-fines of ecclesiastics is
one of the most interesting passages of the Brehon Law
tracts, as illustrating the period between the break up of
the Columban system and the institution of a regular epis-
copal hierarchy. The discussion 'upon this subject com-
mences with the following extraordinary passage :— ^
" What is the highest dignity on earth ? The dignity of
the Church. What is the highest dignity which is in the
Church ? The dignity of a bishop.
" The highest bishop of these is the Bishop of Peter's
Church, because it is under his subjection the chiefs of Rome
are ; and they are not under the subjection of anyone who
has not virginity, or repentance, or lawful espousal; and it
is to him that seven cumhals are payable for every degree
of the seven degrees (or orders) that are upon him, if there
be eric-fine for him at all ; if not ' eric '-fine, there is to be
the death of a person for it.
" Where is this to be found t It is in the tract which
Augustine wrote about the degrees of the Church, and of
their dire fines ; and of their non-feedings, and the particular
* Pftg« 856.
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CCXVIU INTRODUCTION.
law of the church of Peter, and the emperor of the whole
world."
The scheme upon which the cleric are arranged is a
double gradation partly connected with the orders in the
church, and partly in connexion with the religious condition
of the individual. It is needless to observe that the moral and
religious merit of the individual is referable solely to the
one virtue of continence ; but it is certainly surprising that
the author arranges all classes of the church, inclusive of
the recluses into the three classes of virgins, married, and
repentant. Every tine must, therefore, be the result of three
quantities : — ^the official position, the moral state of the
injured cleric, and the nature of the injury inflicted. It is
impossible to construct in a tabular form the amount of
compensation payable in each case, as the results stated in
the text do not all coincide with the theory on which they
are professed to be calculated. The general principle, how-
ever, is clear, viz.: — ^that the full amount calculated upon the
rank of the injured cleric, and the nature of the injury, is
payable in the case only of the cleric being a virgin ; this
amount is reduced by one-third if the cleric be married, and
again by another third if he be penitent ;t and that between
* P. 868. Can the aathor of this passage have heard of the ** De CMtati Dei,*'
and conoeived it to he a work of the character of the Crith Gabhlach?
t The penitence of the bishop may be referable to onchastity, either before or
after his consecration. That charges of this description might be brought against
a bishop, howerer eminent, appears from the Confession of St. Patrick : ** Post
annoa triginta inTcnernnt me, et adversum verbum quod coofessus faeram
antequam essem diacouos. Propter anxietatem mesto animo inslnnayi araicissimo
meo que in pueritift me& on& die gesscram in uno in nuft hor4; quia nondum
preralebam nescio, dens seit ; et habebam tunc annis quindecem et deum vivum
non credebam, neqne ex infantia me& sed in morte et incredulitate mansi donee
Talde castigatus sum, et in veritate humiliatns snm a fame et nuditate et cotidie
contra hiberione non sponte pergcbam, &c — " National MSS. of Ireland,** Vol. II.,
Ap. III.i.
The Brehon lawyers evidently contemplated the case of a bishop falling into sin :
** There are four dignitaries of a territory who may be degraded: a false- judging
king, a UunMing bishop, a fraudulent poet, an unworthy chieftain who does not
fnlfil his duties. Dire-fine is not due to these " (ante, Vol. I., p. 55). See also the
gloss upon this passage, the meaning of which is clear, although the translation is
questionable. It may be inferred that the sinful and unrepentent bishop suffered
a " diminntio capitis,*' as did the king when engaged in servile occupations.
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INTRODUCTION. CCXIX
the payments on account of injuries to clerics of various
ranks, there is to be made a deduction of one cumhal for each
grade in the ecclesiastical orders. It is very doubtful if the
seven grades referred to m the text are the same as the usual
ecclesiastical orders, as the clerical student and the recluse
would seem to be included in the computation. The author
appears to have considered that, in some cases of exceptional
iniquity, the process of compensation by eric-fines was in-
sufficient.
" What is the penalty (lit debt) of wounding a virgin
bishop ? Three victims (cunidh) are to be hanged for every
hand that wounded him ; half the debt of wounding is paid
for insulting him." " As to every person who sees, and who
does not protect him by all his strength, by all his deeds,
and that the guilty person escapes, it is seven cumhals that
are to be paid for his sick maintenance and his eric fine.*'*
Again — " So it is with every grade of virginity until it
comes to the case of a virgin cleric, so that there are seven
' cumhals * for wounding him, or a victiin."t
These passages prove that the author not onlyimaginedthat
an aggravated injury of this class would entail the punish-
ment of the guilty parties, but would also require "blood" ex-
piation. These passages explain the expressions used in
reference to the " midhlach " person in this treatise, vi^., that
he would naturally afford the material for a victim. Such a
mode of punishing or avenging crime is inconsistent with
the whole tenor of the Brehon law, and perhaps indicates
that the author was a cleric, or of clerical sympathies, who
enunciated principles for the benefit of the church which
never formed portion of the customary lawjj:
♦ Page 863. f Page 365.
(The doctrine of the earl^ Irkh Church of the necessity of blood-shedding as
an expiation for blood is f ollj set ont in the poem of Dubhtach Mac ua Lagair,
supposed to hare been recited in the presence of St. Patrick, and under the
immediate inspiration of the H0I7 Ghost:
"The truth of the Lord,
The testimony of the Kew Law,
Warrant that Nuada shall die; I decree H.
Divine knowledge, it is known, deddet
(To which %*eneration is dne),
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CCXX IKTRODUCnOX.
The following passage is remarkable as a proof of the
religious ideas which existed at the date of the composition
of this treatise : —
" There are three kinds of recluses in a church, i.e., a lay
recluse, upon whom a soul-friend pronounces his character
of approval, and who goes to the sacrament, who is in the
true unity of the church, without power of foot or hand.
It is as a grade of virginity he is paid^ne^. He is of equal
' dire '-value with a virgin clerical student ; so that there
are seven cumhals for wounding, and he is of equal ' dire *-
fine with him in every dignity besides, and shedding of
blood, and white blow.
'' A la}^ recluse upon he pronounces his character, who
does not go to the sacrament, it is but two-tiiirds he reaches
to the first lay recluse.
That each man for his crime
Shall depart unto death."
*' There was in the First Law of the men of Erin
That which God has not Tonchsaved in Ilis New Law.
The Trinity did not vouchsafe mercy.
Through heayenly strength to sare Adam,
For it was perpetual existence
God gave him of Ilis mercy,
Until otherwise he merited
By deserving death.
I^et every one who kills a human heing;
Even the king who seeks a wreath with his hosts,
Who inflicts red wounds intentionally,
Of which any person dies;
Every iwwerless insignificant person,
Or noblest of the learned ;
yea, every living person who inflicts death,
Whose misdeeds arc judged, shall suffer death.
He who lets a criminal escape is himself a culprit ;
He shall suffer the death of a criminal.
In the judgment of the law, which I, as a poet, have received,
It is evil to kill by a foul deed ;
I pronounce the judgment of death,
Of death for his crime to every one who kills,
Kuada is adjudged to Heaven,
And it is not to death he is adjudged.**
* It was thus that the two laws were fulfilled ; the culprit was put to death for
his crime, and his soul was pardoned and sent to heaven. What was agreed upon
by the men of Erin was, that every one should be given up for liis crime, that sin
might not otherwipe increase in the island.' Ante, VoL III., pp. 1 1-13 & xz-xxiv.
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INTRODUCTION. CCXXl
" Another lay recluse is he who puts bounds to his passions,
and who goes to the clergy this day, upon whom a soul-friend
does not pronounce his character, or recommendation. To
the extent o/ two-thirds he reaches unto the middle lay
recluse."
"A person should not wonder that there should be an equal
" dire "-fine for the lay recluses who are without virginity, if
they be beloved of God, and their works great, if their
mii-acles are as numerous, or if they are more numerous in
the same way that Peter and Paul were to John, and in the
same way that Anthony and Martin were; ut dixit Sciptura^
** ubi habundabit dilechtum, super habundabit gratia."*
The author manifestly regards St. Peter as having been a
married man, and, with reference to Paul, puts a well-
known construction upon the twelfth verse of the ninth
chapter of the First Epistle to the Corinthians.
The i)eculiar views put forward in this tract as to the posi-
tion and duties of the clerics are remarkable,andare of import*
ance in fixing an approximate date for the composition of this
tract. The bishop, not the abbot, is the highest known
ecclesiastic, indeed of the abbot there is no mention whatso-
ever ; the marriage of the clerics is assumed as permissible,
although discountenanced, inasmuch as the married cleric
thereby to a certain extent lost caste, as proved by the pro-
portionate diminution of his "dire "-fine; the recluse is
treated as an acknowledged order in the Church, and he is
intimately connected, for the purpose of the amount of his
"dire "-fine, with his soul-friend ("anmchara"); the Pope
was recognized as the highest bishop of the Church, and as
'ruling over Rome ; and in the reference to the imaginary
work of St. Augustine, there is an allusion to " the emperor
of the whole world." These indications point to the transi-
tional and obscure state of the Celtic Church after the break-
ing up of the Columban monastic system, and before its
complete reorganization under continentiil influence, to the
latest period of the existence of the Culdees, a remarkable
era in Celtic ecclesiastical history, which has been lately
• Page 867.
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OCX Xll INTRODUCTION.
fully dealt with, so far as the scanty existing materials
peimit, by Mr. Skene.* The allusion to *' the emperor of the
whole world " may help in some degree in fixing the date of
the work. A Celtic pilgrim returning from Rome would
state the impressions which the existing state of facts pro-
duced upon him ; he certainly would not be influenced by
the legal theories of the civil lawyers; the abstract idea of
the all-ruling emperor would not occur to him unless the
power of an existing emperor were brought home to his
mind by what he saw with his eyes and heard with his ears
among the public of the city. A pilgrim to Rome during
the interval between the disappearance of the influence of
the Eastern emperors and the date at which the Culdees
finally ceased to exist, could have his attention drawn to the
imperial power, as a universal dominion, only at two distinct
periods— either during the reigns of Earl the Great and his
son Ludwig, that is, between A.D. 800 and A.D. 840, or alter
the resuscitation of the imperial power by the Emperor
Otto in A.D. 951. The expression of the Bishop of Peter's
Church ''having under his subjection the chiefs of Rome"
(imless this be merely a Celtic phrase expressing sovereignty),
would exactly describe the position of the Popes after the
later date. This would point to the end of the tenth or
beginning of the eleventh century as the probable date of
the composition of this tract.
From these, and the various remarkable points of differ-
ence between this tract and the Crith Qabhlach, already
alluded to, it may be inferred that the present treatise is the
more ancient of the two, and represents an older condition
of Irish society. A considerable portion of it, so much as
deals with ollamhs and poets, is purely fantastic, full of the
false discussions and quibbling classification so much in
vogue with Brehon lawyers, and valueless except as a
monument of misspent time and ingenuity ; another portion,
so much as deals with the clerics, although most valuable
from an historical point of view, cannot be considered as a
practical statement of existing law, but rather as a covert
* ^ Celtic ScoUand,** rol. 2, chap. ri. and ix«
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INTRODUCTION . CCXXlll
attempt to introduce legal innovations in favour of the
Church ; the residue, which treats of the classes of the tribe,
is most valuable in every respect, although in dealing with
it, and discussing the principle of the scheme upon which the
ranks of the tribe are classified, it cannot be forgotten that
it was written by the author of, or at least has been com-
bined into one production with, the two latter divisions of
the work.
XIIL
Succession.
The last tract contained in the present has no heading or
title in the original; it has been named, for the purpose of
reference, as a treatise on '* Succession," inasmuch as that is
the subject which the author proposed to discuss. This
work is of the fragmentary character, being nothing more
than a collection of unconnected extracts or references,
thrown together irt a note-book as the materials for an
intended work.
To this tract there is prefixed the following extraordinary
head-note : — " By this book, if I can, in the name of God, I
will bring the senior before the junior in every case, as these
laws down here state. Beyond this I will make an inter-
mixture of their law altogether."*
The object of the work was not to state what were
the customary law upon the subject dealt with, but to
collect authorities in support of an argument in favour
of succession by descent and seniority, and, it may be
gathered, in opposition to the rules regulating it by per-
sonal merit, property qualifications, or election. The
author must, for the purpose of extract and reference have
had before him a considerable number of works, which it
woidd be now difficult to ascertain or identify. As to the
passage near the commencement of the tract, concerning the
succession of an abbot,* it appears that the authority refer-
red to is the concluding paragraphs of the Senchus Mor
with the present annexed commentary.t
Although from its form, and the obvious intention of its
♦ Page 376. f Vol. 3, page 79.
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CCXXIV INTRODUCTION.
composition, this work is unsatisfactory and of no authority,
many of the extracts contained in it are both interesting and
important. Many of them support the doctrine that the
grade of an individual in the tribe was originally fixed
with reference to property, and that the loss of the qualifying
amount of pro[)erty involved a diminutio capitis; e.g.,
" Qualification is nobler than age."*
" The senior does not go before the junior, unless he be
wealthier."*
" * A king without property is no king,' i.e., as to tenants
and kine."t
" 'No unproductive person merits a share with the Feini,'
t.e., the person who is barren, without property, without
worthiness, does not merit a noble share of ' smacht '-fines
or sick attendance, according to the * Fenechiis *-law."J
"'Let no wandering men pass judgment,* ie., there shall
l>e no honor-price for the person who is wandering about
without property ."J
" The inferio- man with property is put into the land, or
the chieftainship."
Other extracts accord more permanency to the status of
a noble when once established. The " aire-forgaill " chief
deserves a chieftainship or an abbey," even though he had
but his arras or his raiment, he shall have the honor-price
of a king, or of an " aire-forgaill chief"; to which statement
the author prefixes the remark — " I wonder at this," and
possibly considered it bad law.§ Other eictraets prove that
among the Celts, as elsewhere, the claim to the hereditary
transmission of property and office was gradually assuming
legal form : —
" The son of an abbot in the present church,
■' A fact established by sense,
" The son of the husbandman in the territory,
" The son of the king to bind the hostages."§
This is obviously a verse of some composition intended to
favour the hereditary succession to the coarbships of the
•Page 377. t Page 381.
t Page 387. § Page 383.
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INTRODUOTION. CCXXV
. greater monasteries, and even to inferior but profitable
oflBces.*
* ** In the monastery of Lusk, in the list of the abbots, between the j^ars 781
and 927, we find that the second and third abbots were brothers, and sons of the
first abbot named in it ; that the fourth abbot and the prior were brothers ; that
the son of the second abbot was ' economus,* or house-steward ; that the fifth
abbot was son of the third ; that the eighth abbot was son of the sixth ; and
that the tenth abbot and the Bishop of Duleek and Lusk were brothers, and sona
of the eighth abbot Again, in the monastery of Gleann Qissean, near Carlow,
we find, between 874 and 1016, the names of eight abbots and one Aircinneehf or
Erenagh. Of these, the second and third are brothers, and sons of the first ; the
fourth and fifth are brothers, and sons of the third; the uxth was foster-son to
the second, while his son was Atrdnneeh, or Erenagh ; the seventh abbot was son
of the fourth, and the eighth grandson of the second. Here the whole are direct
descendants of the abbot who died in 874. . Thus we find that the office of
* economna,' or house-steward of Armagh, was hereditary from 779, when the
death of Ceamach, son of Suibhne, who was bishop of Armagh, is recorded,
when he is called economus of Armagh. He is succeeded by three sons, one
after the other. His grandson, by the third son, is bishop and anchorite of
Lann Loire. The son of the latter is abbot of Lann I<eire, and * economus * of
Armagh, whose son agaio is abbot of Lann Leire. But, perhaps, the moat in<«
structiye example is connected with the celebrated monastery of Oonmacnola.
Torbach, abbot or primate of Annagh in 812, was the son of one abbot of Lonth,
and the father of another abbot of the same place, and from him descended a
family who filled many offices connected with Clonmacnots, and among them we
find that even anchorites married, and were succeeded by sons. The family were
^ called the duel Torbaegh. Their connexion with Clonmacnoia began with hie
son Aedhagan, who died on his pilgrimage at Clonmacnois in 884 ; and his son
Eoglian, the anchorite, who died in 845. Eoghan's son, Luchairen, scribe an4
anchorite at Clonmacnois, died in 868 ( and in 893 his son, Egertach, the Airdn^
neck, or Erenach of £aglais-Beg, or the little church of Clonmacnois, died. In
947, the son of the latter, Aenagan Erenach, of the little church, and bishop and
pure virgin— that is, unmarried — died; and in 953 his brother, Dunadhacb|
bishop of Clonmacnois* whose son, Dnnchadh, Ferkiffhinn^ or lector of Clonmac-
nois, and its anchorite, afterwards head of its rule and histoiy, died in 1005. He
was father of Joseph, who was attmchara^ soul-friend or confessor of Clonmacnois.
Joseph*s son was Conn na-mhochtf or of the poor, who appears in the " Annals ol
the Four Masters," in 1031, as '* Head of the Cele 2>e, and anchorite of Clon-
macnois, and who invited a party of the poor of Cloain at Isad Chiaran, and
who presented twenty cows of his own to it. And Conn was father of Bfaolr
chiarain, Coarb of Ciaran, or abbot of Clonmacnois. It is unnecessary to follow
this further ; but it is obvious how prevalent at this time in Ireland was the
marriage of the clergy of all classes, and the perpetuation of their ecclesiastical
offices in the lines of their descendants, and that it had even broken down the
asceticism of the anchorite, and the canonical rule of the i^ele De in this respect.
In Scotland we find that the territory of the old monasteries was called Abdaitte,
or Abbacy, a word represented in Latin by Abbaila or AbihamOf and had, to a
great extent, passed into the hands of laymen, who often retained for several
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CCXXVl INTRODUCTION.
The most important extracts here contained have refer*
ence to the rule of three descents, before referred to, which
deteimined the status of an individual with reference to
that of his father and grandfather, viz. : —
'' He is a disease of evils after three persons."*
'' He is a hill of chieftainship in the third person."*
" For it gives a prescription of acknowledgment ; three
heirs have succeeded one another."*
generations the name of abbot Tbo territory termed the Abthanta off Dull,
which was of great extent, and incladed the modem parishes of Dall and Fortin- |
gall, seems to have been in the hands of Crinan, the lay abbot of Dunkeld, and, |
along >vith the possessions of the latter abbacy, must have placed him on a par '
as to power and position with the great Momiaers of Alban." — ^Skene: Celtic !
Scotland, Vol. II., p. 841. I
The causes and the results of the marriage of clerics in Ireland and Scotland |
is thus stated by Mr. Skene :— '
'* In the early Monastic Church of Ireland celibacy was enforced upon at least
one class of the monks, for the saints of the second order refused the services of
women, separating them from the monasteries ; but still there was a succession to
the abbacy, the tribe or family in whom it was vested providing a fit person in
Orders to fill the office ; but when the stringency of the monastic rule was broken ;
in upon, under the inflnence of the secular clergy, marriage was gnirlaally per- ;
mitted and connived at, and at length became general, the rebound toward a !
secular state being great in proporUon to the enforced strictness of the previous
system. The natural sonsequenoe was that a direct descent from the ecclesiasti-
cal persons themselves came in place of the older system of succession, and the
Church offices becan^e hereditary in their family. The next step in the down-
ward process was that the Abbots and Superiors did not take Orders, and became
virtually laymen, providing a fit person to perform the ecclesiastical functions,
but retaining the name, and all the secular privileges and emoluments of the
abbacy. The performance of the Church service was either intrusted to a secular
priest, who was called the ^ sacerdos,* or toffaH^ or it fell to the Ctie />», when
there was such a body connected with the monastery, or to both combined. The
great ecclesiastical offices thus became hereditary in the persons of la3rmen in two
ways — either by the usurpation of the benefice by the lay chieftains from whose
family it had been supplied, or in the family of the abbot by whose direct descend-
ants the office was filled. It must be borne in mind that prior to 1189, though
celibacy was enforced upon the monks by the monastic rule, and upon the deigy
generally as a matter of discipline, marriage, when it did take pUce, was not
unlawful. It was not until the second great Council of Lateran, held in that
year, declared all such marriages ipso facto null and void that they became so ;
and the effect of this, where the l>eaetico had become hereditary in a particular
family, was, instead of restoring the former clerical character of its possessor, to
8tereot}'po their condition of laymen, and to convert them into a purely lay
family."--"Cfeftic Scotland;' vol. ii., p. 838.
♦ Page 879.
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INTRODUCTION. CCXXVll
" They were once noble, i.e., unless his father and grand-
father were chiefs, though he may be of the same race ; as
to his origin, his chieftainship is lost to him.'**
" ' In ^yhich it is stated, that a chieftainship is lost/ ie.,
during the ages of three persons."*
" * A plebeian chief,' i.e., one of plebeian race, whose
father or grandfather was not a chief."*
"QuestioiL — What is the * ansruth '-poet ? His father
and his grandfather were ' ansruth '-poets ; for every grade
whatsoever, whether chief or poet, if he parts with his
qualifications during the ages of three persons, his lot is not
equal to those who are found in possession of their qualifi-
cations during the ages of three persons, until they double
their qualification or their service."t
These extracts clearly prove the inile before referred to,
that the possession of the necessary property, through three
generations, was requisite to give the complete status of
the rank to which the qualification was annexed ; and that^
taking a negative form, the rule was applied to the case of
those who lost the qualifying property necessary for their
rank, and that the third in descent in such a case lost his
status absolutely, and fell into a lower grade.
But if a person acquired double the amount necessary to
qualify him for a higher grade, he became a fully recognised
member of that grade irrespective of descent. This explains
the rule in page 817, which fixes the amount of stock re-
quisite in the case of a ** bo-aire," adjoining the rank of an
'' aire-desa," as double the qualification of the latter rank.
The amount specified in this passage was that requisite to
make the " bo-aire" a complete "aire-desa," and it may be
inferred that if he acquired the amount of an " aire-desa's "
qualification, he became an " aire-desa " svh modo. And in
the same way if an ''aire-desa" lost his qualification, the
status of that rank was not absolutely lost until after the
death of himself and his son, when his grandson absolutely
passed into the lower grade. This partial acquisition of
status in the first generation, and its completion in the third
• Page 887. t ?•«« ^^
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CCXXVUl INTRODUCTION.
generation constantly appears in ancient laws. Thus among
the Scandinavians there were the three gi'adations of the
Frigiven man, his son,, and his grandson, the Bondr.* In
the Sachsen Spiegel, the rule is thus expressly laid down : —
" Si qui in quatuor suis generationibiis, hoc est ex duobus
avis et duobus aviis, ac patre et matre indiflamati juris
iBst, ilium in jure nemo infamare potest/' The same principle
is marked in Soman law by the specific names for each step in
the progression toward complete citizenship, viz. : — Libertus,
Libertinus, and Liber ; and explains the passage in the
speech of Appius Claudius Crassus, contrasting the full
patrician with the ordinary Qiiirite : — " An hoc, si Claudise
familise nbn sim nee ex patricio sanguine ortus sed unus
Quiritium quilibet, qui modo me duobus ingenuus ortum et
vivere in libera civitate sciam, reticere possim-^t
The first phrase quoted from this tract is remarkably
expressive, *' He is a disease of evils after three persons,"
meaning that when the father and the grandfather have
been evil, the fulness of the sins are developed in the grand-
son ; this is precisely the expression of Demosthenes, ^owypoc
Ik rpiyoWac,! and gives the full i^oint to the line in Sophocles : —
0Ap9€i, av fiiy yap ovB* e&v rplrric cy^
fjirirpoc ^avw rpliovXac, iKfavtl. Kaxff.^
To acquire the full rights of an " aire-desa," the " bo-aire "
must have qualified himself by the possession of land held
by his tenants, although he could acquire a qualified nobility
. founded upon the possession of cattle simply.
"The law styles that person a plebeian chief (a flaith-
aithech) who desires to obtain a chieftainship in right of
any other property^ except in right of (other than) tenants ;
and by tenants is flesh meat supplied to the chief;" and
again " that these kings are not entitled to anything in right
of their property, i.e., their cattle."||
♦ Robertson : " Scotland under her Early Kings," Vol 15., p. 322.
t Livy ! Lib. vi., c. 40,
} Dem. 1327. a
§ O. T. 1062. For the references the Editor is indebted to Mr. Hearn's work,
«* The Aryan Household."
11 Page 383.
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INTRODUCTION. CCXXIX
The qualification, therefore, of the chief, as founded upon
the possession of land, had no reference, apparently, to the
value of the land, or what would be now called his annual
income, but was based upon the number of tenants upon
his land, and the amount of their food rents ; that is the
number of his retainers made up of his tenants and the other
followers, whom the food rents of his tenants enabled him
to maintain.
The right of acquiring rank in the tiibe founded upon the
acquisition of property must, of course, .be understood as
applicable only to free members of the tribe themselves ; as
in all early communities the freedom of the tribe and the
right to acquire or enjoy a portion of the tribe lands may
be taken to have been practically identical.
The several tracts contained in the present volume have
been collected from the following sources : —
(A.)
•Din ueccasa-o ; or, Of taking Lawful Possession of Land. Trans-
lated by Dr. O'Donovan. Vol. I., pp. 91-123, of his official
translation, and extracted by him from T.C.D., E 3, 5, and
H 3, 17.
(B.)
bfiecccha comaiuhcefa cmT)fo ; or, the Judgments of Co-tenancy.
This tract is described by Dr. O'Donovan as " Judgments of
Co-tenancy," and was translated by him. Vol. I., pp. 1-90,
of his official translation, and extracted by him from Eawlinson,
487, and T.C.D., E 3, 5, and H 3, 18.
(C.)
bech bfierha; or, Bee Laws. Translated by Dr. CDonovan.
Vol. L, pp. 346-382, of his official translation, and extracted
by him from H 2, 15, T.O.D.
(D.)
coibmtif iiifci ; or, Right of Water. This tract is described by
Dr. O'Donovan as "Of Water Mills, Mill Eaces^" Ac., and
was translated by hiuL Vol. I., pp. 383-399, of his official
translation, and was extracted by him from H 2, 15, T.C.D.
(E.)
maigne ; or, Pi*ecincts. Described by Dr, O'Donovan as " Of
the inviolable space which surrounded every man's residence,
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CCXXX INTRODUCTION.
according to his i*ank or dignity/' &c,, and translated by him.
Vol. VIL, pp. 2777-2786 of his official translation, and ex-
tracted from Egerton^ 88^ 54, a.a.
(P.)
•DO bfieiteaiiintjf , &c. ; or, " Of the Judgincnt of every crime,"
&0. Translated by Mr. O'Cnrry. Vol. VI., pp. 902-904,
of his official translation, and extracted from H 3, 17,T.C.D.
(G.)
cte cm peafvann a cincaib; or, "The Land is foifcited for
crimes." This was translated by Dr. O'Donovan. Vol. V.,
pp. 2320-2369, of Ids official translation, and extracted from
^erton, 88, 22, b.a.
(H.)
\xyola np.e ; or, " The Divisions of Land." This was translated
by Dr. O'Donovan. Vol. IV., pp. 1251 to 1253, of his
official translation, and was extracted by him from H 3^ 18,
T.C.D.
(I.)
•oe p)T)taib aneail caaiti ; or, Of the Divisions of the Tribe of
a territory. This was translated by Dr. O'Donovan. Vol. L,
pp. 268 to 277, of his official translation, and extracted by
him from H 2, 15, T.C.D.
(J.)
cfiith ^ablad. The Crith Gabhlach. This was translated by
Mr. O'Curry; liis first translation appears in VoL I., pp.
1-76, of his official translation ; his revised translation is
paged as pp. 2340-2400, and the text was extracted by him
from H 3, 18,252, T.C.D.
(K.)
The sequel to the Crith Gabhlach, described by Mr. O'Donovan
as an unnamed tract of the different ranks of society and
privileges translated by him. Vol. IV., pp. 1300 to 1314,
and extracted by him from H 3, 18, T.C.D.
(L.)
An unnamed tract, entitled by the editors, " Succession."
Described by Dr. O'Donovan as a Tract on the law of
Succcssiou, or paths of Judgment. Translated by him. Vol.
v., pp. 2199-2220, of lus official translation, and extracted by
him from Egerton, 83.
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[ ccxxxi ]
SYNOPSIS OF INTRODUCTION.
I. The present volume of tracts selected as illustrating the land
laws of the early Irish, and the constitution of the Celtic family
and tribe, p. L Whatever abstract legal propositions the Brehona
possessed to be found in the tracts. First inquiry, whether there
is an authentic archaic text, p. viiL Composition of original Brehon
text, p. X. Piinciple on which a tmnslation ought to be based,
p. xi. Method adopted by editors in dealing with the text, p. xiL
II. On taking Lawful Possession. — A consecutive treatise deal-
ing with the symbolic ceremonial by which an action for recovery of
land was instituted, p. xiiL ; exhibits the mode in which the judicial
authority of the Brehon arose, and the series of legal fictions
necessary to bring a defendant into court. The authority of the
Bi*ohon the same as that of the judges in other Aryan tribes.
The Brehon system an instance of archaic survival. The Celdo
Irish never formed town cominunities, p. xiv. All judicial authority
derived from a systeni of voluntary submission to arbitration*
The origin and theory of judicial authority in primitive communi-
ties reconsidered. " Custom " defined as the acquired habits of
any human community, p. xv. Jurisdiction of judges gradually
established by a series of fictions. Quarrels begin to be submitted
to arbitration of tribe, p. x viL Method of bringing suit into court,
p. xviiL
The case of the Romans considered, judicial customs of the
Quirites described and compared, p. xx. The Roman procedure,
symbol its characteristic, manuum consertio. The peculiar analogy
to the Brehon procedure for recovery of laud, which is identical
with the Roman form up to a certain point, but modified to suit
different cases, pp. xxi-xxiiL
The case of Ninne, the son of lilatech, considered. The Brehon
procedure for recovery of land described, p. xxiv.
First step towards the establishment of original judicial power
was the publication of antique formulas, p. xxviii. Inconsistency
between the text and commentary as to the form pursued by a
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CCXXXll SYNOPSIS or INTRODUCTION.
.female claimant. The leading ca^e of the woman Ciannacht^
Seven exceptions to the ceremonial of laying claim to land, p. xxix.
Highly improbable that the ancient ceremonial was exclusively
applicable to lands let on rents, p. xxxi. The procedure further
described. The system of counter-claim, p. xxxii. Amount of
fine paid by unsuccessful claimant. Discusnlon of the term
" coibhuo," and the various classes of tribe lands, p. xxxiii. Defi-
nition of " raitech ** pei-sons divided into three classes, p. xxxvi.
Horses used at first exclusively in the symbolical entry, cows
afterward substituted from necessity. Forms of procedure ended
with reference of dispute to arbitration, p. xxxviL Allusion
to the mode in whicli a dispute is decided in an Indian village
community. Mr. Wallace's description of a meeting of a Russian
Mir to assess taxation, and divide village lands referred to, p.
xxxviii. J udicial development among the Irelandic Nonse. The
procedure detailed in two trials befoi-e the Althings, related in the
Sagu Burnt Njal, p. xxxix. The foundation of the jurisdiction,
the position and functions of the Celtic Brehon clearly stated, p.
xL An attempt to express in distinct terms the substance of two
fragment* of ancient dicta, pp. xli-iiL The case of Seither illustra-
tive of the nature and the date of the Brehon law, p. xliv.
Passages indicative of tlie modem and equitable mode of view-
ing the essence of the transfer of property, p. xlvL Assertion of the
doctiine of purchase for valuable consideration without notice.
Passages laying do^Ti the ancient theoiy of society, p. xlvii.
Explanation of the term ** temal covenants," p. xlviii.
III. The " Fine " and the " Geilfine " System. — No distinct
explanation of the system anywhere given in these tracts, p. xlix.
A remarkable passage in a preceding volume reprinted, explana-
tory of the mode in which property was divisible among the mem-
bers of a family, pp. 1-iiii. Three distinct tlieoiies published as to
the origin and working of the Geilfine system since date of the last
volume of Brehon Law Tracts, viz., those of Sir H. S. Maine, Dr.
W. K. Sullivan, Mr. J. F. McLennan. The views of Sir H. Maine
stated and explained, ]>. liv. Dr. W. K. Sullivan's theory quoted ;
adoption of it by Mr. "W. E. Heam. "Welsh rale of inheritance
cited, p. Iviii. Mr. M*Leiinan*s theory stated, pp. lix-lxiv. Im-
portance of the tract en tilled " Of the Divisions of the Ti-ibe of a
Territory," p. Ixvi. Deductions from the tract entitled "The
Land is Forfeited for Crime," p. Ixix. Welsh rules. of inheritance,
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SYNOPSIS OF INTRODUCTION. CCXXXIU
pp. Ixxv-vL Description of the "Geilfine" system, pp.lxxx-lxzxviiL
The rules of succession laid down in the Book of AidLU considered,
p. Ixxxix Conclusions arrived at, p. xciiL
lY. On thb Incidence of Fines and Compensation fob
Crimes. — ^The tract " Of the Judgment of every Crime which any
Criminal Commits'' considered, pp. xciv-ci. The tract ''The Land
Forfeited for Crime " considered, pp. ci-ciiL
Y. The Succession to Land, p. ciii. Description of the first
land system, p. civ. The origin of succession appears to be co-
ownership, p. Gv. Illustration of the rules of succession, p. cvi.
Distinctions between various classes of tribe lands explained, p.
cviL Three cases of liability and heirship stated, p. cviii.
Liability to pay fines, and the custom of compensation explained,
pp. cix-cx. The question of the nature of the interest taken by
the sons in the lands of a deceased discussed, cxi^cxiL Hereditary
succession and rules of descent, pp. cxii-cxv. Female succession,
pp. cxvi-cxviL •
YI. Judgments of Co-tenanct, p. cxix. The partition of
lands, p. cxx. Fencing, p. cxxL Trespass by cattle and damages,
pp. cxxiii-cxxviii. Trespass by bees, hens, dogs, p. cxxix. Man
trespass, p. cxxx. Existence of tenants in the modem sense of
the term, p. cxxxviii Rules laid down on the relation of land-
lord and tenant, pp. cxxxiii-i^xxxviiL Several and individual owner-
ship of land perfectly familiar to Irish lawyers, p. cXxxix. Yalue of
this tract, p. cxL
YII. Bee Judgments, p. cxlL The legend relative to introduc-
tion of bees into Ireland given, p. cxli. This tract valuable as
illustrating modes of thought and logical abilities of Irish lawyers,
p. cxliiL Possession of bees considered, p. cxliv. English and -
Boman law thereon, p. cxlv. The Brehon law of bees, pp. Gxlvi*--
clL Commantary thereon, p. cliL . Welsh law, p. cliiL Norman
law, p. div.
YUI. lliGHT OF Watke, p. clvi Tracts of the right to con-
struct watercourses and mills. Compensation, when payable, p.
clviL The question of ownership, p. clviii, Mr. O'Donoyan's
opinion, p. clix. Ditches divided into two classes, p. clxii. The
reason why Brehon law is difficult and obscure, p. cbdiL Water
miUs, when first introduced into Ii*eland, p. clxiy.
IX. Paecincts, the extent of each determined by a natioual con-
vention held at Sliath Fuaidh, p. clxv. Damages for violation,
2
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CCXXXIV SYNOPSIS OF INTRODUCTION.
p. dxvL Protection miist be legal, p. clxvii. Amount of damages,
and number of fugitives allowed, p. clxviii. Mr. Heam's descrip-
tion of the original position of the fugitive, p. clxix.
X. Divisions of Lands, the tract an attempt to fix arithmeti-
cally the value of a cumhal of land, p. clxz. In ancient Ireland
no cun^encj or standard of value, p. clxxi. Tlie difficulty of ex-
pi*essing the value of land obvious, p. clxxiL How attempted to be
solved, p. clxxiiL
XI. Orith Gabhlach, the date of its composition attributed by
o. 6l^">t»^inDr. Sullivan to the seventh century, p. clxxiv ; by the editors to
the eighth century, p. clxxv. The early relations of Irish and
7/-/ Saxons discussed by Dr Sullivan, p. clxxvi.
Change in the organization of the Irish Church, p. clxxviiL
Opinion of Mr. O'Curry on the then condition of society, p. clxxix.
This tract a compendium of the rights and emoluments of the
higher classes, p. clxxx. The proper grade determined by amount
of property, p. clxxxL List of classes, p. clxxxii. Analysis of
necessary qualifications and rights of several classes, pp. olxxxiiL
Mr. Heam upon the subject, p. clxxxix. Extreme unreliable natui*e
of classification contained in this tract shown, p. cxcv. Tabular
analysis, p. cxlvi Sequence of ranks shown in table, p. cxcvii.
Scale of compensation for death given in book of Aicill, p. cxcviii.
The Crith Gabhlach must be regarded, to a great extent, an
imaginary work, though giving a definite picture of mode of life,
p. cxcix. Duties and rights of kings, p. cc. The week, how
portioned, p. cciv. Pull description of a king in state, p. ccv.
Condition of Irish people at the date of this tract very unfavour-
able, p. ccvi.
XI. Sequel to the Crith Gabhlach, p. ccviii Another classi-
fication given, p. ccix. Definitions of classes, p. ccix., compared
with those in the Crith Grabhlach, and closely examined, p. ccxii
Discussion on " dire " 'fine of ecclesiastics a most interesting pas-
sage in Brehon law, p. ccxvii. Important views put forward in
this tract as to position and duties of clerics, p. ccxxi
XII. Succession, p. ccxxiii. Although of a fragmentary char-
acter this tract contains some interesting matter, p. ccxxiii. Most
important extracts have reference to the rules of three descents,
p. ccxxvi.
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•oiN zeccwscco.
OF TAKING LAWFUL POSSESSION.
VOL. IV. »
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t)iM t:eccu5aT),
Tjlwfw!^ rocombactiTOib fealb faepreallais ; moDais tnaitxc
PoMKaaioy. fflbixuTTttire ; baccaifi qiicha coma comol; aicheam
gaibecqp ctimige tnaT)on ceallach tneT)Ofiach; ni ppreal-
lach cuinige.
T^ocombachcaib j^ealb, .i. if coich noif Uicnsfi coibgic na fopi|\ cc
pefvann qfief in cecctigcrD fo p|* -00 bi^icbln-o. TTlo-Daig tnai|\c
mbtxugfaice, .1. if cfxegnimixcroanecYipiienais^itx'DOibfiitTn be. bac-
cavt^ cfiicba coma cotnot .1. coificonT^'Di .1. bocafx teif txiam na qvtia
.1. feicbitn no inDfatsIm co naccomailceTi a pep^xnn 'o6ibfii]m ainlca'D pn.
OCtcbeam saibeaf cmnige .1. if aicbm aem, if liiaicbiu gabuf nech
cuini'Di in peayiaiiiT) on cecbcvsoTD meDonacb ma on dh: cechcuscTD.
TTla^on ceallacb me'oonacb .1. nocba t€nf in t^|\ bejvef cecbcaga
If in petuxnn -oa cec ceccuga ctiintioe in |>ei\i]inn afv <xi a c6c cedcai^te;
adfy afiu6 atiu nama imbi'o. Tlla tvombe if inait, manu be, anaiT> T>ea6ma
octif If laifom cmni'De ifumu. tl 1 pi tv reattach ^mnige .1. noco teif
in peti betiuf ceccugcro if in tjetiomt) cafi clcco in petioin'o -oa ceccugOT)
ctnni^ in peTunnT) afi ai in c6c ceccuig^, mana cabtux in celiac eile.
.1. C1T) p|i bet^oeaf in recra*uj if anilai-o "oo befioD ^ ; abaD
T:eof,a "oecma* vo uabai^iT: imon fe|\ann; aboD ca6 tae too
cabaiixc ime }\e p,e na c6z •Decniai'oe, no coma^ af in cec ocuf
if into T)e5eana6^ocuf If in lo nieT)ona6; ocuf munafirinceax)
he p,if in fie fin, if -oul vo anunT) co bo^v in fef\ainT) octif -oa ea6
fna lairii, ocuf ficrone laif, a fO]iba na ceu •Decmai'oe; ocuf
fio boD coif. 'olige'D 'DO a fofiba cuici if in c6c •oecniaix), ocuf a
nm-Dicecc na 'oecniai-oe ir.eDonci, ociif bet •do call p.e la co naicci ;
octif niuna cinceai\ 6 ann pn, if 'duI'do amacb )\e p,e na •oecniai'oe
meDoncf, ocuf ^xo ba coip. 'olige'o -do a fOf,ba ctncci if in •oecmai'D
me'Donaig; ocuf abaT> v6 cac lae a]\ fn mbi-Dbai-o fie fie na
' 0/ iaking lawful ftotseitiim.^The Irish for this Is taken from 0*D, 409.
(H. 3, 17, col. 311.)
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0*' TAKING LAWFCTL POSSESSION. »
TAKIKO
LAWFUli
NOBLE tribes quickly obtain possession of land ; ^^
it is secured to them by the work of their possession
horses ; lands are not taken possession of until proof
is given ; he shall sooner get possession if from the
middle entry ; it is not true possession.
Quickly obtain, i.e. it is aoooor quickly that the good men obtain actual pos-
scBsion of the land by bringing the' requisites for taking possession into it. The work •If.
of their horses, i.e. it is through the work of their horses it is justified to them. ^**** •"<^
Lands are not taken possession of, &c, i.e. equal 'cairde,* Le. he had the
territories before, ie. I hold or I maintain that their land is not retained by them after
thatmanner. He shall sooner get possession, i.e. quicker or soonerdoesone
obtain possession of the land from the date qftke middle possession-taking than
from the first possession-taking. If from the middle entry, i.e. it is not to
the man who brings the means of possession-taking into the land for its possession
for the first time that the possession of the land belongs on account of its
first po«esaion-taking ; he hag but an inception of right aluite respectuig it. If it
is, it is well, ii not, there is a stay of ten days and the possession is his then. It is
not trne possession, Le. it is not to the man who brings the mesns of taking
possession into the land and over the fence of the land for its possession that the
possession of the land belongs on accoimt of the first possession, unless he makes
the second entry.
Whatever man brings the means of taking possession it is thus he
shall bring it : he shall give notice for the space of thirty days upon
the land ; he shall serre notice every day respecting it during the
period of the firat ten days, or according to others, on the first and
the last day, and on the middle day ; and, unless he has been
responded to during that time, he is to go over to the border of the
land, having two horses in his hand (6y tl^ hruUes\ and having a
witnesSi at the end of the first ten days ; and law is due to him
at the end of five days in the first ten days, and at the beginning
of the middle ten days, and he shall remain within for a day and
a night ; and if he is not responded to then, he is to go out duiing "
the period of the middle ten days, and law is due to him at the
end of &v^ days of the middle ten days ] and he shall ser\'e notice^ * ^c*
upon the defendant during the period of the middle ten days, ^^ ^
you IV. B 2
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Of takimo 'De^nai'oe me'oonaise ; no, comoro if in c6t; to ocuf if in to
PossH^iox "^^■'^^"^^ ^"r ^f ^" ^ •oeigeanafi, octif muna tnnceap, 6, -otit "oo
. — . * omtinn a ptifxba na •oedmai'Di meDOTiaiJi, octJf a tiHToacecc na
'oe^non'oe Dei^enaige, co cfiian fn feiiamt), octif ceitfvi heifc teif
ocuf x>a ficrone. CCbaT) r>o cat tae fie f\e na De^aiw
ineT)onai5i ; no comat) if in c6c to ocuf if in to meTHmai ocuf
if in to 'oet^eonad; ocuf misna rfnceafi 6, if vvl vo omad, octif
aboD -DO afi mbi-obai* cac tae amuig p.e |ie na •oe^niai'oi vetp-
anai§i ; ocuf muna cinceafv he, if "oat "oo anunx) a fofvba na
'De£inaiT)i Deigeanai^i, co p^tnge tec in fefvainn, octif occ nei6
teif octif rfii poone teif, octif a tet vo s|iaT>aib ftacba, ocuf
a tet T)o 5p.a*Daib peine ; ocuf muna T>amt:tifi x>ti5eD x>6 fie nttit
ontunn^noco nin-otigcec "oo ^in co ci amac no co pnna In teif no
nac teif ; octif 'oama'D cinnce teif na x>eint:a -oti^e* -oo fie n-otit
on'oan'D) noco ninT>ti5ued /do ^in co utica abai) ate uecuugOD tk)
b)\eit.
T^eatlach cafi apra, ceu reattach ; at) na re6ca
cuinise; reattach 'oa 'oechmoD cian jiamafi; OD T)o
coifleaT) uutnite.
Reattach zafi afica .1. caji ctaT>; no ca|ibtic 1 celtach cifxe on
pufxpocfio. GC^iia netza cuinisO'i* 'ottge^ na ce^antt uuiniT>t in
pefuxm-o •oofom pn. 'Ceallach -oa •oectima'o cian fiamafi, .1. in
cec1icit5aT> befvtif in-o a aiuhte in -oa •oechma'D aan tiemuTi .1. in "oedma^
moDonach ocuf in 'DecinoD 'oei'oenach. Cian tiamafi .1. cian atxxchafi
occo a n.efnup,. CC-o -do coif teat) cuini'DO, .1. if 'Dti5e'6 pooctaf
cuini'ol In peiwun-o ••ofom pn.
[Minne mac macech T)feinib ttii^ fortiano a cfiich nUttiT), Cfiiufi
tnaficach "oo f 0151*0 cafiur, octif fcoififec a neocha 1 cifi ba
ceiniut 'Doaib ftiain, na bo cuince choca inT) : co neipific in ci bo
cifi, beifii'D bufi neochti af in cifi. CCfbefic T)in in vxay baoi ta
tlinne ; ni mo van 'ouine aav coca in f cofi ofi neoch funn ; na
bo afi ctiince co-oa an-o. Mi hufitif a f on ^lo ba tibp fiiam ; ni biat)
on'O eiih aifie. "Mi feotictifx copn nafi'Dmat) teo fiiam acifi. \h
O'D. 409.
^Thel(utien c7ay«.— The MS. here reods 'middle* instead *of last;* bnl the
leuse clearly requires Mast.*
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OF TAKING LAWFUL POSSESSION. 5
OP, according to others, it may be on the first day, and on Of takiiyo
the middle day, and on the last day, and unlesH he is responded to, Pombsbiow.
he is to go over to the land at the end of the middle ten days, and "—
at the beginning of the last ten days, into the third of the
land, he having with him four horses and two witnesses. He is
to serve notice* during the period of the last ten days;' or according • [r.
to others, it may be on the first day, and on the middle day, and on j^. »*^*<'« h
the last day; and unless he is responded to, he Ls to go out, and he
is to serve notice* on the defendant every day outside during the
period of the ten last dcays ; and unless he is responded to, he is
to go over at the expiration of the last ten days until he arrives
at half (middle point of) the land, having eight hoi*ses and three
witnesses with him, one-half of them of the chieftain rank, and the
other half of the Feini rank : and unless law is offered to him before
going over, it is not unlawful for him not to come out until it is
ascertained whether the land is or is not his ; and if it be certain
to him that law wijl not be given to him before going over, it is
not unlawful for him that he has not given notice, provided that
he has brought the means of taking possession.
Entry over a wall, a first entry ; law does not
legalize possession ; an entry of twice ten days oh
land long tilled ; it is law that takes possession of
the land for him/7'om the other party.
Entr/ over a wall, Le. over a fence; or, aceordwg to otherty to bring a chariot
in an entry npon land without forewarning. Law does not legalise posiea- ^
lion, Le. that is a law which does not justify possession of the land for him.
Entry, of twice ten days, &c., le. the means of possession.taking which he
brings into it after the two ten days. ' Cian remur,' Le. the middle ten days and
the last ten days. Long tilled. Lei long it has been with him under tillage.
Law that takes possession, Le.tbat is law which takes away the possessioa
d the land for hSm.
Ninne, son of Matech, 0779 of the Feini, went northwards into
the country of the Uladh with three horsemen to visit frieuds,
and they unharnessed their horses in a land which had previously
belonged to their tribe, but it was not to demand a share therein ;
and the person whose land it was said to them, take away your
hones from the land. Then the two who were with Ninne
replied : it does not make our claim greater that we have
unharnessed our hoi-ses heiX3 ; it is not to claim a share therein.
This is not easy for it was your own before; they shall not
be £f/) there for tliat reason, The^ did not know until then
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6 •Oin CecctiscTD -Sifatia
^' ^^!f^ teiqpec a tieocha af . Cafira 'oin in n ba njx o neocha af oji eicin.
Po68Bssio2r. Po^eUfoc lafitjm imbi CpntobofiTTlac Mefa, ocuf beticii-oe piach
— — ecaifvecechca pofif cm u cap^xnif a.neocha af in ci|i, ocaf comtog
in nf cofiuaf af , octif -do (ombi fetba voib a coine fin
T)i TOUaig.]
CCcaic fechc fealba la peine na. jaibceix ochgabail,
na beiti ceochfia ina ceaUach ; ic pfi in vo loingau
Tx}ich 7)0 boing acobach ocuf a ceallach ; 'Dim cen feitb ;
ceall gen paichce ; cip, pofif a mbai poDlois ; baifteac
boaifi ; muifiinir majia ina bei|i ceochfia ; trfuxcomol cif
neimiT) ; a|i 'oa pan'oa ploch ia|i nectiib in ceile, a clae-
copr poll, i ctipraji lia.
OCrair; f ©chc f eotbo .1. occaix; fete ipexiam'o "oa TicnfnwDenn in
fenechuf , octif noco 'otegaTi on^ligabait if in'oiUe t>o bfiich ini>cib T>a
cecbcagCTD. tl a beifi ceachtia .1. nooo bejxaix cechtxa "oa cechuuscTD.
1c pifi -I' If Pn- Imptiit^icep, no Ineiltgicep, In-ocib, no t>o byteich
KM cecticuga-D. T3oich -oo bom 5, .1. if coich no if Uiach coibgirefi.
O) cobach .1. ccchgaboil. OC i:eabl/ac1i,.i.cecbi;ai56e.'Otin cen feitb,
.1. oen t^etvann cnci, onnuil oua *Oan afiaill. Ceatt gen paich6e .1.
omtiit oca cell j^abfiin. 'Cin- pojVf a mbai po^lais .1. ap, nai\ mofiba
nahin-oiUe. baifteac .1. toe baif imbi bo aji -i- baf toe .1. mcro a mba-
fcngcetv IOC cjie ctrt na mbo, no toe baif imbi gatatv fl1tiip.inifniafia
.1. inif majxcanach bif ap. miiiTv, no ima maficanach muifv, animtacalnif
cocbais .1. oiiiun a mbotoo ctiicoe no tiaiti .1. ap. annfoctif a mbpit inre.
Ina beip ceachpa .1. noco bepap cecbn-a va cecbcugaD cen echatii
tl fiacomot .1. m ni fop. a ppaccomaitceti a af -do neimei), ammt oca
cipmugam no tioc ODmaipi .1. cip, bif ta ne^j-oia n'otesun aff , ap.pocoif-
I TnU Cathaigh, — Scattery IsUnd in the Shannon, near Kilnish.
■ Tir^Moffhain, — InC, 846, the following note is given: — Secures the rent,
i.e. land which one possesses of wliich rent is dae, and the cattle of the entry are
distraloed for that rent alone, i.e. the thing by ^vliich his rcnL is secured to the
* Ncmidh '-person, such as Tir-lludhain in Eilc to the King of Cai.<)cl, or Rot-
Adamair, in Ui-ConatU-Gabhra to the Coarb of Lismor in the same way, Le.
According to the ancients all along cveiy thing which is found on Fiadh-Mndhain is
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t
OP TAKING LAWFUL POSSESSION. 7
that the land had been theirs before. They did not remove their Or takwo
horses from thence. The person whose land it was then drove yo&sbbbim
their horses, from it by force. They afterwards applied to —
Conchobhar Mac Nessa concerning it^ and he awarded a fine for
unlawful expulsion upon the i)erson who drove the hoi-ses out of
the land, and an equivalent of what was driven oflf it, andhe gave
them lands in proportion to their family. - ^
There are seven lands with the Feini into which
distress is not taken, into which not cattle are brought
for entry ; it is men that are required. Quickly the
exaction and the entry are seized upon ; a 'dun'-
fort without land ; a church without a green; a land
on which there are plunderers ; a deadly place of
murrain; an island in the sea to which cattle aro
brought; land which secures the rent of a 'Nemidh'-
jperson ; land which the chief divides after the death
of the tenant, where a hole is made, where a stone
is put.
.There are seven laudB, ic. there arc seven lands which the Feinechus men-
tions, and into which it is not lawful to bring distress in the shape of cattle into them,
to take lawful possession. Not cattle are brought, i.e. cattle are not brought
to take lawful possession of them {the lands). It is men, Le. it U men that are
suffered or required to be brought into them, or to be brought to take lawful possession
of them. Quickly are seized upon, Le. it is quickly or soon seizure Is made.
Exaction, Le. distress (fotpyW««ts«re). Entry, Le. legalized. A 'dun'-fort
without land, Le. without having land, such as Dun Araili A church
without a green, Le. such as Cell Gabhrin. A land on which there are
plunderer8,Le.onwhichthecattlehaveb€enkflled. A deadly place, Le. a place
of death, where there is murrein of cows, i.e. *bas-loc,' i.e. a place where they are
carried off by death through cow-plague or a place of death where there is disease.
An island in the sea, Le. a deadly island which is siwoittiin the sea, oratwhich
thesea is destructive, such as Inis Cathaigh,> Le. <Aef« w fear of their being drowned
tfoing to it or c(ming from it, Le. on account of the difficulty of bringing them thither.
To which cattle are brought, Le. catUe are not brought to take lawful
possession of it without a boat Secures the rent, Le. the thing by which
his rent is truly secured to a * Nemedh ^person, such as Tir-Maghain,' or Rot-
Adamairi, Le. land which one has, of which rent is due, for the cattle brought to
' • forfrfted (cfae) to the King of Caisel the day on which he will assume the kingdom,
^ because they had kiUed a king of CaiscL Bod-Adamair, too, there was a serpent
there, and Mochuta expeUed it thence, and the reward that used to be given to
him for having driven it thence was everything which the Coarb of Mochuta ^
Lii-nwr could find on it, the day on which he assumed the abbacy, should be his
property, for it is forfeit
\
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8 . bin Cetetf^oT) Stfana.
Or TAKnro litetv cettfia in ceallaig la cif a neihi^ Wi cwpr uelta6 cetftoi inn eqfi
Y^m^^ cniiniiciTi na xHata i|»a cttv "Ci t^ "oa jian T)a plach .1. in ciji o|vi\anniif
^ ' in ptaich, ci|v •oibcro ; no if n^qia 'oachgabait mbleogam, .1. conTXiig
plait a cute anx) .1. cona T>aTiiaiTi in a plaitup e, ocuf o tioinnpef in
cip. n'DiboD nocha negin vo rechcagoD t>o h\ie^r: inT). OC claeisaTt poll
.1. cloro .1. 1 clait>ce|i poUioomTxainT) in pefvain'o. 1 cajvcafi lia .1. goti-
che.i. ictp, na clon'oe .1. in clod qfiiche.i. in poll ociip Ita ocaf coifita pUxta
ann 00 pefx;atv a cuic anTi.
.1. T)ia mbep^cafioch^abail if na fecc pe^iannaib feo, acac ctiic
feoit; ciT) "DO cinncac cit) •do fnbleojam ; no T>ono9 if cute f eoiu
innpn -00 fnbleo^ain, octif nf pil nl vo cmncad co |va pofctt^Sail,
ocof o pafbaf pojail acdic ctiic feoic fnn vo cinT>cac. TTlafa
inniUe iitig t)o cecrnigaD funn, if fia6 cechcai^ce d|ie co cunn
CO coibiie, no uifie cen ctinn cen coibnc. In comlin t>o m'otlib
•DO be|iafi T)o cectuni^crD na fe|\ann eile cofvab e befxafi t>o •ooinib
vo cechini^ax) na pejiann.
TIk)combai5 Ciannaclic ciaTibfitnge ; 'Da ai anT) fin
famaigar ; 'oo ItiiT) cap. peapr a cev cealtaig ; bach p|i
pne a pop^onial; imana laiitini aji peineachar co hochc
la iuiT)ni5e ptaDnaipe ban a ceceallac/ naT) jieanaT) a
cex) fitira. Ceachp.tinia'D la achafuxch ifeaT) ceclica
each ban ceallaig. X>o ItaiT) lafitini "Oia ceanT)aT)ai5
CO n'Dtabla'O aipme acafiiiac, lopa'D, cpiachafi, ceapu-
j?uine ; ctiaific faigeaf a comnai'oni la peap. foijiseall
ptar^naife. If lapam achpach 'oian T>a pixeogpa, 'oaig
'olijeT) ceachptiiniTO a ceT), 'Olige'D aile a me'oonac, cul-
pjt^eall an 'oeiganach.
T3o6onibais ciannachc .1. if coich no if laacb tw> coibgefca^x
Ctonadt, ingen pejisiifa pofiqiait), na petmnna fio bo aan vuiche cufc|\a-
* * Ntimedh V/)erfOfi.— C. 846, add?, ^ the chief retails hb sliare there.'
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OF TAKING LAWFUL POSSESSION. 9
make entry Khali be dbtrained for the rent of the * Neimedh ''-person. It U not 0^ takixo
right that an entry by cattle be there on account <if the dignity of the chief whose i«awful
landitia. Land which the chief dividca.Le. the land which the chief diatri- P<»»g98ioa.
bates, a * dibadh '-land; or it is a responding to the distress of a kinsman, Le. the chief
retains his share in it, i.e. he does not cede it during his reign, and when he will
divide the * dibadh *-land he is not obliged to bring the means of taking possession
into it Where a hole is made, i.e. a mound, i.e. wherein a hule is sunk in the
division of the land. Where a stone is put, i.e, a pillar-stone, Le. after its being
enclosed, i.e: the boundary stone, i e. there are a hole and a stone and the chiefs
standing stone there in onier that his share there may be known.
If distress be brought into eitl^er of these seven lands, there are
five 'seds' due either by the guilty person or the kinsman;
or, indeed, accordiiig to others^ it is five * seds ' by the kinsman, and
there is nothing due by the guilty person until damage arises, and
"when damage arises, there are five ' seds ' due by the guilty person.
If it be cattle that he has brought to take possession in this instance^
it is fine of lawful actual-possession of land with chief and tribe,
or of land without chief or tribe. The same number of cattle which
is brought to take possession of the other lands is the number of
men that shall be brought to take possession of these lands.
Ciannacht took possession* of a distant farm ; she
arranged two ewes there ; she passed over the mound-
fence as the first entry ; she challenged the tribe to
come to terms of agi*eement with her as to her land;
she afterwards remained, according to the Feinechus,
for eight days with women witness on the occasion
of* the first entry, to prove that she did not sell her ^ir. /«.
first modesty. In four days after it is that every
woman's entry is lawfuL She went afterwards
again to the head of her land with double stock, a
kneading trough, a sieve, and a baking implement; /' ,« -
in due order she claimed her right with a man witness.
If she is afterwards responded to, she is entitled to'
four days for her first .mi «, to two days for her middle,
and for her last, to speedy judgment.
Ciannacht took possession, !.e. it is soon or qnickly Ciannacht, daughter
of Fergns Forcraidh took possession of tlie lands which were lately far from her ;
> Ciannacht took pos»tS8ton. The following anecdote is given in C. 846 (H. 8, 18,
^ 385 a), and in Q'D. 740 (H. 3, 17, col. 538}:— **CUunachtm i.e. daughter of
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10 " •Otn Cecctiscm Sifona.
Of TAi^o i^a; no •oono, comorD i Cicmtioic, insen Cotitita, mic Tasyo'^ mic OCiletta
LAWFUL tllaim. 'Coiombais -i- t>o caom boing. Cianbiititse .1. acm motv
osBBMipy, ^^ mbacOTV cin postf^p-tt^i' "o ctpatx poc iicnti nombm wti .1. o Ponib co
hUlca "Oa aion-Dj^iti j»amoi5a|*.i. i|» omlcnio w) tioine fi in fccmii5a*o
fit! no in coti-oiiscrD pn ocuf t>i centiis acoTuxi-o ma Icrtm. "Do tm-o i;a|v
Veap.c .1. -DO ctiai'D p cafv ctcro in peatiainT) T>a cec cechcuscro. Oach
po|V pino .1. faigim no in-ofcns^m concco a|\ tjetiomn no pne botiti|» fi In
p|v acoomatYMin. 1m an a lafitini .1. em onat) p lOji |*in meire |*iti.
CC|V pelneacbaf, .1. "oo |ieiti In penocbcnf. Cobochc la.i. bich t)1
ma ti|it\nai'Di |ie tU occ lalti, octi|» ceit;f.i centiig no btiirb le a po|iba no
oechtiomton merxmdi a haitti na c6c cei/hTuimchan. Pi a-onoife ban a
C6 c 6 a Mac .1. -oo ban pa-onoife -oo bfveich "oi le o po|iba no cecbfumican
meT&onci a boitli no r6c cetfvamtan ; I05 enech "oo ce6x:ai\x>e "oib in petianT),
.1. sabot mgen TTlinx) ociiy* Cicline ingen catxpcnc mbin-o.- W 0*0 fieonoT),
-t. noco tiecaic etnig a cecmiiinT>T;iTie. Ceochtiuma'b to ochotiocli
•t. tio bo coin. T)ti5e^ t>o 'Dami;oin t>i i|* in cechfiomoi) to -oon ceclitiam-
coin ■oei'Denoi'D a oichti no cecbtiamccm moDonci ; oc^ofvivad p66cii|' oile
otiif- 1|»ea*o T^echca .1. iffe-c in fo 'Dli5eT>ca6 ceccaigci ban-oa* Do
ttiiT) lOTiiim .1. layif in oile t>6c, .1. th) ctiai'D f\ lajitim •do an-o o lata,
"DO txxvo a peivomT) boT>6in. Co nT>iabla'D oitvmei .i> co n'oioblffD no
oii^me Yiucufcojx le |\etme o |x>fiba no cectiTiamcan tne^onii t>o bfiit t>i
le atofit^ch pe^cof oile afvip .1. o^r; coiixig. Lo|^at>, cTviochofi, .1.
o lofoc ocii|» o cTViacboTv, ocnip in n1 pop. a cettcoigenn o ptnne leo .1. a lee
puma op cofoc tiile. Ciiai]it; -paiseof o comnoi'Dm .1. m n! pop,
a mn'opoigenn a camo nai'caipecr; lofi coe mfi'D .i. o cuioeal oca|^ a
ap^bolg. to pea|\ poip,5eall .1. la pep, bup inpiODnaipe oca poip-
50011 ; uoip, \f p,ip "DO cuoiT) menmo m ugDOitt conobu -doiIsiu cpi bon
pOTmoipe xMxgboilno oen pep, pat)naife. 1p iop,am orhfxach .1. i|»
iopum» a|*a aichli pn, ochappoch pecbcup oili ; a|\ if moDia ppecaipceti
hi "DO peip •Dligi'D comaiTjh ip omlano -peo |vo bo coip. a •oenom, .1. mo
cmdipin bep ptip.pa po cdcoifv no ofi meoroant ip ot^ ceatf^uime o rAA%vb T)i
oji -Dttp, octif ic soip.'Di op. 506 mboiTDi coc mo-o -do beip poetop ptifipa,
Fergus Forcraidh and Bri Anbui who was wife to Blai Biiughaidh, bnt whom
Conchobhar Mac Nessa bought after the death of her first husband, Fergus Forcraidh.
The woman wished to come to her brethren to demand land of them, Le. Conall
Cemach and Afairir^n • *.
The daughter inquired of Sencha, son of Ailell, whether it was. right for her to
demand Und. He said at first that it was not right for her to demand land ; after
which "the blotches"! were raised on his cheek in the night He said on the next day
that it was right for her to demand land ; and he told her to bring man-posaession-
taking into it, so that grain-blotches were raised on his cheeks a second time. His
mother then told him that the meant of possession-taking which he should have
decided should have been sheep, a kneading-trough, and a sieve.
She then took two worthy female witnesses with her, namely, Gahhal, daughter
of Midhe Minn, and Cethra, daughter of Minn, and they took Minn*s chariot
1 The hlotchet, — ^Theso were said to appear on the face of Kings or Brehons who
had sriven false judgments. Vide Senchas Mor, vol. L, p. 25,
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OF TAKING LAWFUL POSSESSION. 11
or, aceordwff to other$^ it vaa Clannacht, the (langhter of ConnU, son of Tadhg, Or tAkivo
•on of Cian, son of Allcll Olum. Took'possession, Le. fairly seized on. Dis- i^wful
tant farm, La they had been for a long time before in the potstssicn of her •'^OW'"^^^'
5refAr«», without good security ; or, according to others, it waa far away from her land
was, i.e. from the Feini^ to Uladh. Two ewes, &c., i.e. she settled or arranged
them thus, she held two ewes yoked in her hand. She passed over the
i monnd-fence, Le. she went oyer the fence of the land to take first possession of
it She challe;nged the tribe, i.e. I hold or insist that it is on the land of
the tribe (not of ttrangeri) she brings this true claim. She afterwards
remained, i.e. she remains quiet after doing thus much. The Fcinechns, i.e.
according to the Feinechus. For eight d ays, i.e. she is to be a petitioner for the
space of eight days, and she is to bring fonr sheep with her at the end of the middle
fourth day, after the expiration of the first four days. Women witness on the
occasion of* the first entry, i.e. two women witnesses to be brought 1^ air. In,'
her at the expiration of the middle fonr at the end of the first four days; the
land is equal to the honor-price of either of them, viz., Gabhal, daughter of Menu,
and Eichne, the base^ daughter of Menu. That she did not sell, i.e. she did b ir.
not sell the honor of her first marri<ige. I n f o u r d ays a f ter, i.e. it is right to grant Chariot
her the ien^< of law on the fourth day of the last four after the expiration of
the middle fonr; the time after that again. Is lawful, Le. this is the
Liw of eyeiy woman poesession-taking. She went afterwards, Le. after the
twelfth day^ Le. she afterwards went to the head of her own property, to the head
of her own land. With double stock, le. double the stock which she had
brought with her before the expiration of the middle four, are to be brought by her
another time again, Le. eight sheep. A kneading-trough, a sieve, le. her
kneading-trough and her sieve, and along with them the thing by which she adjusts
her baking, Le. her baking flag (griddle) first of all In due order she claims
h e r r i g h t, Le. the thing by which she sues her security in proper order, le. her distaff,
and her comb-bag. With a man witness, le. with a man who is qualified to bear
witness, to give testimony ; for according to the intention of the author of this law it
would not be more ^filcult to find three female witnesses than one male witness^ la
af ter wards, Le. it is afterwards, after this, one other time; for if she be responded
to wen according to law, thb is the way it should be done, le. if she be responded to
at first, or in the middle, it is after four days that law should be ceded, at the first
entry^ and it is shorter every time, the more she is put to trouble', until judgment
- with them« And she took two sheep on the first occauon, and four on the fourth
day, and eight on the eighth day ; and she went in this manner at once with two
sheep and two female witnesses with her, and remains afterwards. She brought four
sheep on the eighth day, and eight on the eighth day, and thus took the possession.**
1 From the FeinL She had to come a long distance from the territory of the
Fdni, in the south, to the country of Uladh in the north.
s Pat to Cr9tt&2e.^The following explanation is given of this passage in'
O'D. 410: — *'If she is responded to at once or in the middle term it is in
four days that her right is to be ceded to her in the first entry, and it is shorter
every term the more trouble is brought upon her, so that it is " a judgment of
precinct*' to herself, le. that the term of its arrival to them, le. a pledge in the '
prednct, or five days to solicit the defendant, Le. five others if at the middle notice
• her offer of law was responded to, or she is to remain for a time, for she is nearer to
the actual poesessLon each time.**
Digitized by LjOOQ IC
12 T)in tleteujctD Sifatia.
Or TAKiiro conic puiptt t>i ; waiSm ^xroeoig icctitfin. "Ol/ise-o cectifittim^e .1. f o
LAWFUL ^jQ coip, •otfjefj "ot a po|iba na cec1iTitiiinf;e me'oonci a liaitli na cec cecti-
oasKsstoiL |^^,|j,^^ •Dl/igeT) aile a-me'oonad .1. |xo bo coifi •otigeTo -oi a ix)Tiba
cnle t>on cechyvanicain T>ei'DenatT) a aitti na cechtiocmcan merKmii. t^ii l-
puigealt an 'oeiganach, .1. zah oca a puigetl uiti t>ii pop-banacecli-
fiaimii 'oeroendi, .1. a qiot> title t>o btveich in-o.
TDafa an-oci Icnf r\a 'oemcafi T>li5e6 -do, iflan -00 vnla omuTin
CO na qitiT) tiile. TTlafti cin-Dn laif co troemrafi, if Ian piach
cechrai^ci ucro ; cona "oe fin oca, apoT) ceap,a n'oechma*, fn fnbaiT)
If ctinnuabaifiu laif 1 n'oemca no na Demca T)li5eDT)o, .1. call bif
f|vif in |ie biT) oc cuinn^e pechemon tn ipetc -Deiginac, oca ui$
initi|[ip,o in fedi; ruif e6 octif metonac.
.1. ca^ «ai|\ If aboD ceojia n-oecmaD "oo bep.aix) na pifi, if
abai> ceofia ceach|ianiran t)o betiaiT) na mna, ocuf cuqfiama
T)edaib'Do befiaiT) nafifiocuf -do caijiaib -do bepxciD na mna;
ocuf fn comfOT) ao^aiT) na fip, if in fefiann, if in comfaT) fin
cia^oD na mna. Cac tiaip, if mna beftaiT) in ceccugoD if abao
ceofia ceachftamca vo befiax) ap, in mbi'obai'o onn, ocuf if amlaif^
•DO beiiaT) .1. aba* "oo cabaific -ootb aft in mbi'obtiit cac lae |ie fie
naceachfiaimce; no T)ono, ceana, comoDif in ccdIo, ocuf if in lo
metonad, ocuf if an lo T>e5eana6; t>uI -of ama6 a foftba na
ceatfiamran ctufi^e, octif a nin-oiceCc na ceachftaman meoon-
ai^e ca|\ feafiu in fefxainx), ocuf "oa caifiig le ocnf ban poionaife
le, ocuf bee vi ann \ie la co nai'oci, octif muna cincafi hi Dtil'Dia
tij ocuf bet T)i ann |ie |ie na ceachftamcan me-oonaige, ocuf
abaT&'Dorabatp.r cac l[a]e afifn mbi'obiii'D |ie |\e na ceachfiamran
meDonaiJe ; no, comaT) af in c^T) lo, ocuf if in lo me-oonac, ocof
If in lo •oeiganac, ocuf •oul "oi umac ann fin co qxian in fep-ain-o,
ociif ceiqfii cai[ii5 le ocuf -oa ban fia-onaife, octif bee -ot annfi-oe
fie la CO nai-odi, ocuf muna T)amaf, •olige'd vi if -oul t){ T)ia C15
octif bet -Di ann fin |ie fie na ceachfxamcan -Deiginaige ; ocuf
aboD T>o cabaip.u ca6 lae -dI afi In mbi'6btii'6 |ie |\e na ceach •
fiamcan •oeigincai'* ; no, comoo af in ce-o lo ocuf if in 16 "Deig-
anac 7)111 -dI amac co 1111150 let fn fe^xaim), octif hocc catfiig le,
' For her la$t, to rpetdy judgment, O'D. 411, adds here, "i.e. yonder (irtVAm
the land) all the decision is at the expiration of the last four days, tmless law has
been ceded to her until then. Ciannachta, daughter of Connia, son of Teige, son
of Ciai^, sued for seven ' CumhalB* for the reward of her hand-labour.**
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OF TAKING LAWFUL POSSESSION 13
i»pais€d for hot I ii is cr praclnct fiaaUj aftenrards. She ia entitled to Or TAxnro
four daysi Le. it is right to cede her law at the expiration of the middle four i^wruL
days after the first four. She is entitled to two for her middle, Le. it is *^<>*m"M^**
right to cede her law at the end of two days of the last four after the middle
four had leen attended to. For her last to speedy judgment,* i.e. within
all the judgment lies for her at the end of the last four days, i.e. she is to bring all
her cattle into it.
If it be certain to him* that law will not be ceded to hiniy it is
guiltless in him to go over with all his cattle. If it be certain to
him that it (law) will be ceded, it is full fine of lawful actual pos-
session that it is to be paid by him ; whence is derived tfts rule of
law^ " lei a notice of thrice ten 'days ht geven^ when it is doubtful
to him whether law wiU be ceded to him or not ceded, " Le. within
the territory he is tarrying while he is supplicating the defendant
on the last occasion, but at his own house on the first and middle
occasion.
That is, every time that the men give notice of thrice ten days
the women give notice of thiice four days, and whatever number
of horses the men bring it is the same number of sheep which the
women bring ; and the extent to which the men enter into the land,
is the same extent to which the women enter. Every time that
It is women who bring the means of taking possession it is a notice
of thrice four days they serve on the defendant, and it is thus they
serve it^ Le. they serve notice on the defendant every day during
the space of the four days ; or, indeed, according to others, it ia on
the first day, and on the middle day, and on the last day ; she is to
go out at the expiration of the first four days, and in the beginning
of the middle four days she is to go again over the mound-fence of the
land, having two sheep with her and a female witness, and she is
to remain* there for a day and a night, and uzdess she is responded • ]tr. st.
to she is to go to her house, and to remain there during the space
of the four middle days, and to serve notice every day on the
defendant during the period of the four middle days ; or, aceordivng
to others, it may be on the first day, and on the middle day, and
on the last day, and she is to go out then as £Eur as the third of
the land, having four sheep with her and two female witnesses,
and she is to remain there for a day and a night, and unless law
is ceded to her she is to go to her house and remain there during
the space of the last four days ; and she is to serve notice every
day on the defendant during the space of the last four days ; or,
according to othet'S, it may be on the first day and on the last day
alie is to go out as far as half the land, having eight sheep with
* To him. There b some eiror or defect in the context hem
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14 Xhfi Cetetf^cto Tirana.
0» TAxixo octif zfii bcmpicrotiaife, octjf bee 'ti ann fie la co f)€(iT>6e. TTIa
PoasBssioir. t)afnafiT)li5et w annfetg, if 1)1156^ t)o 'oenam T)Oib fnun TpejxcmTi ;
— ocuf mtina Txxmaifi •olige'd t)!, iflan vi gin co ci, adc a q\aD mti
'oobfveit fn-D cmutiT) a ponxba na ceop.a ceochfiamta; octif seincro
f\e n-Dtil anunT) btix) chin-oce na -DeTnca •Dlijeb x>i gin co cuca
T)lise6 T)o neac, no •oli^e* ceccaigce fme, ace T)til aimti'D x>f cotia
cfio* ocaf CO tia mtilnnrep, po cdcoifi.
O'D. 410, [CCpa6 naile o mnaib ce6c if ci|X i |X)ificenn na fe laiehe ; af
*^^- a hoche f amlaiT), ocuf onax) ceqfie ta ; zetc cmtinn, iafifOiT>iiisa,
If aile -Dec fomltii'D.
CCpa6 qieifi a nT)echnitii'De -do be|iaic na pfi im a peficmnaib ;
•out -ooib anunn i fop-btiig na cez 'oechtnai'De •oofi cloo in fefitiinn,
octif -oa ech leif , octif fioDntiifi -oia mbi to^enech in fefitinn ;
octif caitecc -oa cij |ie fte na •oechmtii'Di metonde, octif -otil ann
anunn ma fO|ibai'6 co qiian m fejxuinn, ociif ceichp.e heich laif,
ocuf a fgtif, if in fCfionn, octif "oa fia^ntiip .i. ctifiub lo5enecb
gach fep, T)ib in fejitinn ; eat'oedc "oo -oa ng fte fie na T)echniaite
•ooi'dence, octif 'otilantinn inu f0fiba6 in comae buf aillleify ocuf
occ neich leif, ocaf Cfiiuii fia'6tin -oafiab log einech each fe\\
t)ib in fep.unx) ; ocuf h\v call no co n-Damcnfi 'oli^eD vo timun
fOfvun'o.
If 1 'oetbifi in bainc§llai5 ociif in featicellaig, .i. anuf
T>echmtii'De -opfi antif ceqitiime -do mnaoi, anuf fo^x fioDniiif i
TK) fifi anuf ban fiaDntiifi -do mnaoi .i. cuf in ceehfiuinie
•oen&entiig f efv fia-ontiifi in-oci fein ; anuf eich •ofefitiib if caoixfo
•00 mnaoi. In 0]xba c]\mv no flia^xa a machaft befiif ftfi in
cedctigaT) fin, ocuf ni ftiil mac ann ; no, if a fefitinn aehufi octif
fenacbtip,! ocof ni fUil comofiba fcf.fi'oa ann.]
beq^ca1'D Senca cecbfiechacli bancelLach ap, pefieeL-
tach, com'oaix pefiba pulachca fo|i a gixttafoe laji
cilbfiecatb.
* ^ Cruid^'land, Over the *d* of the word 'cruid' is written the usual con-
tniction for *no/ *or,* and the letter *b|* suggesting that the irord might be
•qxtiib,' * a hand or fist.'
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OF TAKING LAWFUL POSSESSION. . 15
her and three female witnesses, and she is to remain there for a Of taxivo
T.AWIPtfl*
day and a night. If lav be ceded to her then^ thej are to make Pobsessiok.
regtdoHcns according to lav concerning the land ; and if lav be not
ceded to her, it is safe for her though she should not come, but «^
i» to bring all her cattle over at the expiration of the thrice four days \
and even though it should have been cei-tain before going over
that lav vould not be ceded to her, though lav had not been given
to anyone, or lav of actual-possession touching it, but she is to go
over with her cattle and with her people at once.
A notice of tvo days is to he given by vomen that they vill
enter* upon the land at the expiration of the six days; it is *Ir.
accordingly in eight days, and a stay of four days ; they go over
accordingly in tvelvo days.
The men give notice of thrice ten days touching their lands ; at
the expiration of the first ten days they shall go over the mound-
fence of the land, eocA. having tvo horses vith him, and a vit-
ness vho has honor-price equal to the value of the land ; and he is
to return to his house vithin the space of the middle ten days,
and at the expiration thereof he is to go over as far as the third
of the land, having four horses vith him, and he unharnesses them
in the land, and he has t.vo witnesses ; ie. each man of them has
honor-price eqtuU to the value of the land ; he is to return to his
house and remain there during the period of the last ten days, and
at the expiration thereof he is to go over into tite land as far as he
may think proper, having eight horses vith him and three vit-
nesses, each man of vhom has honor-price equal to the value of the
land ; and he shall remain there until lav is ceded to liim con-
cerning the land.
The difference betveen a woman possession-taking and a mai^
possession taking is this, that which is ten days for the man is four
for the voman, and vhat is man vitness to the man is woman vitness
to the voman, La until the last four days in which man vitness is
reqairedfor both; vhat is horses for men is sheep for a voman. Into
the 'cmid'-land^ or 'sliasta'-land of her mother she brings this pos-
session-taking, and there is no son; or according to others^ it is into
the land of a father or a grandfather, and there is no male heir.
Sencha adjudged in his first decision woman pos-
session-taking as man possession-taking, so that there
were blotches raised on his cheek after having
'passed biased judgments.
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16
Dm Ceccasa'O Sifana.
^Lw"l^ tltqrai bixig a pinn'oe a pfibiiecrchaib ; ip cotimi'Di'&aii
PoMMMOH. bancealLach, com'oafi peaixba jxxlsui'oe pop, a sfitiai'oaib
lafi pt^bfteochaib.
bea^xcaiT) 8eti6a .1. fvo btxeichnoigiifcaTi Seniaa^a cec trveichemnuf
Sn cechciigorD bomtKX canwh in cechcusa'D veT^'oa Conit)a|\ pefiba .1. co
fio imptiiliipceYi na bolga pop, a ^uai'Dib tap mbjieich na cloenbiiet .1.
lap ctaen bpechib.
tl ic|*ai bpig .1. fio icu|T;ap bpig Ingeri cBencha pr\ x>o iieip ppinT)i
a pitibfieich. 1 f 1 con mi'oi -Daix .1. ^p po meif etnnaisefcap ^n ceccuga'o
banTKi. Com-oap peapba .1. cop cutoigfecap .1. cop toigfecaii crcai
na bolsa pop a gptiaroib lap, mbpich tia ptpbp©* ; oca|* m[* af fin gabaip co
po neich •omne aep, -oo neocb, no pogail/ aile p.i|*, o twt genanad coiboelach
r>o moto^ contytgaip lap pn, no o sebuf iman pogait pn, coma manr> r>o
oc«f -DO neich box>ein. Palgtu'oe .1. polgichi.
.1. If 1 bfiech fitjctifcati hernia in t»ccti5[cfD] ban'oa cnfiQil in
ce6ca5[cPD] fCfiDa, ocuf fio efi^efcapr bol^a fofi a ^non'Oib ; octif
|io ictifcafi fifimne bp-i^e efec. Octif iff bfieocli |itic, a ceach-
C!i3[(rD] fein -oona mnaib. CCctif if af fin if folluf ci-o fojal no
faaibfieccD T>tiine vo T)enccni, o buf cayia no coibDeilea6 t)o no
Sehixo tiimpe, concro fncinn -do ocuf no gaboD bu-oein fmpe.
InlolaiT) feichfoafi pealba cechcaip a con'D a cenaU
bach be 'Oegabail, cin'Otf bafuxchcaig qxice, cotjif eaji ni
bia o befaib moga na fon'oaiT) [laice. -Saeiica la pne a
po|icomol, fo bich banaT)ba caipc
1 nlolatT) .1. po eiUgefcup.!. po Ineil^ifcap 8i*ip, Sngon TTltn'OiOCuf
^aboip, Ingen cappaic TninT) na pepanna po cedcaisficap coDnaig a
I ffinuelf.— 'In O'D., 418, the reading runs somewhat differently, as follows:—
" So that the blotches disappeared from his cheeks after the passing of the true
Judgment by her, and from this is derived the custom ; that if a man should pass a
false sentence, whenever a friend or a relative of his should pass the true judpnent
after it, it is the same to him as if he himself had passed it, and it frees him
from the fines of false judgment after it, i.e. as he is bound to pay fines for him to
another creditor, so is he to have the benefit of the judgment delivered in this case.
• Seitker, For *Scichidar* of O'D. 12G3, O'l). 413, reads *Seithir,' and C.
848, •Sithir.*
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01* TAKtNO LAWFUL POSSESSION. 17
Brigh in her truth by her true judgments cured ^^^^^^
him ; it is she that established the woman possession- Pomwicw.
taking, so that the blotches on his cheeks were
concealed after the true judgments were passed.
Sencha ad jadged, i.e. Sencha adjudged in bis first judgment that the female
poiis«ission-taking should be the same as the male posscsslon.taktng. So that
there were blotches, Le., so that the blotches were raised on his cheeks after
having passed tlie biased judgment, Le. after partial judgments.
Brigh cured, ie. Brigh, daughter of Sencha, cnred him according to the truth
of her true judgment Is it she that established, Le. it is she that con*
eerted the female possession-taking. So that the blotches; Le. that the/
sunk down, Le. that the swelling of the blotches disappeared after the passing of the
true judgment ; and hence i.« derived the rule, thai though a person may compose a
satire, or do other injur}' to another, if any relative of his should compose a eulogium
after that, the latter tcill nulH/y the tatire; or if he should make good the injury,
that is the same as if he had done so himself.^ Conceal ed, Le. hidden.
That iSy the judgment which Sencha passed was that the female
possession-taking should be like the male possession-taking, and
blotches did rise on his cheeks ; and the truth of Brigh cured him^
And the judgment she passed was that the women should have
a possession-taking of their own. And from this it is evident
that whatever damage a person attempts to do, if a friend or a
relative should undo it, it is the same as if he himself should ,
repair it*
Seither* claimed the lands which the chiefs of her |
tribe had taken possession of. She was a woman of '
two races, who was entitled to the land, and she i
sought that it should not be after the custom of |
slaves, or dispossessed persons. She was freed by
her tribe from obligation^ because female possession j
reverts.
Claimed, i.e. she challenged, i^ Sithir,* daughter of Menu and Gabhair,.tha ^ •
base » daughter of Menn, claimed the lands which the chiefs of her tribe had taken CharM*
• Siikir.'-ln C. 846, and in O'D. 413, the following note is given i^
<*Sithir claimed the lands, i.e. the daughter of Fergus, son of Ledi, who was
married to^ Anluan, son of Madach, one of the Feini, and she had a son by him, ^ Ir> ITi'lft.
Nia MacAnluain. Sithir claimed a possession from her brothers, Le. from Ailild
Lethdherg and from Aengus Aigle, i.e. the face of that Ailell was half rod, and
it was m Aigle Aengus was fostered, Le. Meilheas in the territory of Uladh.**
VOL. IV. * 0 ,
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18 'Oin T^eccajcro Sifana.
Of TAioKQ ceneoiU ^Ce c h c a 1 1^ .1. |\o coiYit^tisiY^aix, no tiola oofita in*©, b a ch b e
To^^a^ "oegabail .i.feichtm no in-opaisim conoco ben fio an-otifccqfv o -oibsablaib,
_ ^^' If T)e a acliai|\ 'DuUcoib ocuf a mcrcha!|\ -do pe5nib T>nitioch. baivacTi-
caig ct\i6e .1. ba tiei'Di|iech ip a|\ in q\ic jio dajiufcaiv, no tw> ba
oociiccmach le, .1. |\ob in-Dtvigci pop, in cfvicti ^lo cap.tifca|i. "Mi bia
o bey^aib moga .1. noco bicro |X) bap|* gnae na aibin-o oc puba ocuf oc
fiuba 'Da an'o uite, .t. nt biatpa 0151 pine na ne6 icipi atz a "ovtivacc
btiT>ein, .1. ni biatpa |*iu ocup call 1 cinn ciiie .1. ni bia cip na conjjbcnl
puifiTva, na biachoo ait>e^ cuaiti na 'ottna, ace cinT>caicheTV jHiecb. tl a
pon'oai'D jxaice .1. noco ponnabta ap no hi pop, \n xioz can a lot -oi con
pnba ocu|* ccn p.uba. Saepca la pi n e .1. fopai-ocep a pip accomol a
pepanT) na pine amlaiT) |*in. "Pobich banax>ba caific .1. pon pach
If croba -oap, coip aifec in pepain-o hi lap pp, im a cabaipc tiile -oi co
paba ocuf co p,tiba^ no im a let t)i cen puba ocuf cen tvuba; no pon poch
If ooba Txtp coip difec tn pepainT> iiaichi lapf na pa, .1. po bui cpebuipi
ppihaifec
*Ooi5in afi a peifeafi befu ceHaij. 1 ceofta 'oeachma-
T)aib •Dlige'D, tncro pjiif gatf cotnaififefi ; o ca cumal co
qxichcrOjCfOtiaen befcna ceLlatg 01*0 Dtabalpo'O potfise.
X)a each a laitn leach aefi fealba, paxynaire in-
'Dfiic, poi|xcir 'olige'D cuice po T)li5eX), TDiana^ be Fetne-
achar- TTIuna be pemeachar, cellaif lafipui'Dtu imiTT
liaiTiT) It! 'oechmaiT), ceich[ii heich ailiup fctificaifi faejx
fealba ve^-^e pep, pa'oati lac; |xanT)ca copnailir;
qieipe t)© 'olige'D 'Oia 110*0 be petnechaf. ITIuna be
peinecuf, ceUaip lafipuiDiu a troije an'o 'oecmaD, ochc
neich aileap im cfxeib cofitima, cfieij;e pep, piaDan lac 'Oo
SfioDaib peine, llannca copmailmr- ^til puigeall
titfoaib, TDianoT) be peineachap. TDtinaT) be peineachap
^JShall not ye«<f.— The MS. here has only •biatp* which Dr. O'Donovan
lengthened out into biotpa; ^p'lviththe same mark of contraction elsewhere
is lengthened out into * pop.'
> At the border of the land. — For ' leach aep fealba/ of the text, the frag-
ments of this tract found in O'D. 414, 744 ; and in C. 850, have " let foofi
f elba, {.e. an half free possession." The different BISS. vary as usual in the
spelling of the words.
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OF TAKING LAWFUL POSSESSION. . 19
possession of. Taken possession of, Le., erected boundaries, or they placed Oi* TAKcro
pillar-stones there. She was a woman of two races, i.e., I hold or insbt that i^^^ul
she was descended from two races, her father being of the Ulta, and her mother of ■
the Feini of Teamhair. Entitled to the land, Le., she was diroctly entitled to
the land which she loved, or which was dear to her, i.e., she was entitled jnstlj
to the land which she loved. That it should not be after the custom of
slaves, ie., that she should not, according to the pleasant or delightful knowledge,
be bound to perform the servicer of attack and defence for the entire of it, Le., she
shall not feed* the head of the tribe or any other person, but according to her own
wish, i.e., she shall not feed here and there for the sake of the territory, i.e., there
shall be neither rent nor keeping upon her, npr refection for the guests of the terri-
tory nor of the 'Dun '-fort, but every impost is removed /fow* her. Or dis-
possessed persons, Lei, she was not removed from it upon the road without
recdving the one-half thereof without hei/iff obliged to perform the services of attack
and defence. She was freed by her tribe, ie., she was freed from the true
obligation of the lands of the tribe in that manner. Because female posses*
sion reverts, Le., because it is a property of which theiand is to be restored in
truth, for giving it all to her with the obligation <^ performing the services of
attack and defence, or of giving the half of it 'without perfomwig the services of
attack and defence ; or because it Is a property of which the land ia to revert from
her after the term, Le., there was secnzity for restoring it. .
Doighin, dost thou know the customs of an entry?
In thrice ten days law is due, if thou consult wisdom-;
from laiid of the value of one * cumhal ' to thirty, *
it is one custom of entry, though the length of the
' Foirge '-measure should be doubled.
Two horses in hand at the border of the land/ ivith
pure witness, he demands that his legal right* be •i'*^*-
ceded to him, if there be 'Feinechus.' If there be
not ' Feinechus/ he returns until the middle of the
ten days, when he should bring four horses which are -
unharnessed in the free land in the presence of two ^ir. with
male witnesses. There is a similar division ; in thi*ee
days a/tenoards his right law is to be ceded to him,
if there be 'Feinechus.' If there be not 'Feinechus,'
he returns after this at the end often days with eight
horses Avhich he is obliged to have to reUeve the '
house, with three man- witnesses of the ' Feini ' gi-ade.
There is a similar division. If there be ' Feinechus/
speedy judgment is passed in his favour. If there
VOL. IV. c 2
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20 t)in Ceccujcrt) Sifatia.
^J[^J[,^™^cecca cumi'oe; 1 105 Tyo aijxsr^an co peif* cona'oos, co
riwsKMiox. cein co naiqieib, co cojitiime ceach^xa, ache ctfi ctiinT)
ceccofiaij, no ifncelgaT) mbfioga noch ip nemeaD. If
. ap in ceallach fo 730 bongafi cac feaVb la peine.
C|xtii cijve T)o cellach, inaenan main moai^ceafi 1
jpecaib; 7)0 [Hficafi, mar) la bua[i btiifie> ctimal ape
.flainT)ce|i. TTltinab po feilb cechca cijx gen ctin'D jen
coibne, ^Dilfi btiaiix befiaip^
T)oigin aji apei|»ea|i.i.aniac; aTv141nTleT)o15en,oot^e1f^fip1tnoco
|U)ib acuc bapif gnae no oibin-o in cedconsti -do jxeiti, in penechoip, .1. Min
'Doi\ai'Dannfop|\i'Ooi5in.i.ptvimacpi|\,5aitT)Ullcaib. 1 ceo|\.a 'oeach-
fna'oaib, .1. %f na ceofva 'oechniam ccca 'Dtigei in vetzmytej no af a
aitti na ceo{ia n'oechmai'D 'Dlesaifi. 'oe a q[u>T> vile "do b)ieit wo, TTl 0*0
p|\i|» gaif, .1. mcroia coimtvif a nxitsoif pein, no 'oia nimcomaifuxeix
tie ^aetonb) if ctmlai-o feo -oo T>enoc O ca en mat .1. o ca aifneif -oam
wm n|\ cttmoile co jiuici in pefvonn if pa t;t\icac ctiinat, ocuf an'Dce6
ai\ eicin'DcecTi pn, .1. an cifx cumaile cyji ci|\. q[ii6aic cnmali ifOD oen
befcna ann fo pml -oo cellach. CC-o naen b'ef cna .1. if inonn 'Doxieifi
bapifa gnae no aibinT> 'olige'D a ceccaigti. Ci-o T)iabat po-o voiT^Se 'i*
cm 'DiaWxTD fOT^se afi puc bef ann, if aihtai'o pn biaf .
"Da each a taiin .1. tkx ech 1 laim conia let eochaifi in f^eTunnT),
ociif noco faep. -ooib a fco|\ annfi-oi, ocuf beic cuic feoic "Oia fctificafx po
cecoi|\ im In cifie .1. lech fuiix na fealba, no if in fein [feilb] lochfuiji, im.
tx)niailc a peoi|\ nama, lanfoeji imaixfio in f ealb -do melap, pe|\ octif
afiba|x; lecfaofi, imiiTi|V) in cfealb na comelafx ace pefx no aTibtijx nama.
Leach ae|\ .i.icifv a clax> ocof aatx." Pia-onaif e inDi^ic Lpa-onaifo
in'Dfvaic aca pf.echain cona -olisCech -do cucxit) ipn peaTvanT). Cuice T)0
'olige'Dt'Diana'D be peineachaf .1. ma'am |\oib |iiaii 'oligi'D in pene-
* Food, — * cem ' may also mean fire.'
• ' Doighiiu — ^A aomewhat different commentar}* is given in 0*D., 413, as follows:'-
'*Doidhin, said Nin to her son, to Doidhin, that thou maycst know the good or*
pleasant knowledge of the possession- taking; or Doidhin was the name of the
Brehon. She was a female *Coarb;' and she obtains all her land with obligation
to perform services of attack and defence for a time, and the half of it without
obligation to perform service of attack and service of defence.** "CCiia peireafl"
means either, V dost thou know/* or " that thou mayst know."
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OP TAKING LAWFUL POSSESSION. 21
he not * Feinechus/ lawful possession is given ; its ^' takwo
price is to be oflfered with sheds, cows, food,^ habi- PoesEawox.
tation, with attendance of cattle, except in the case of ^•
the laud of Conn Cctcorach, or of land devoted to the
support of a mansion which is a 'Nemeadh '-person's.
It. is by means of* this kind o/" entry every land is • i^- Omi
seized on by the Feini. ^*
In an entiy on land which has fences, it is not
equally the property increases in ' seds * ; it is decided
if it be with kine he takes the possession, it is a ' cum-
hal* that is mentioned. Unless it be in a lawful
possession in a land without a chief, without a tribe,
the cows which are brought are forfeited.
Doighin* dost thou know, Le. her son; Mid Nin to Doighin, that ttum
majest know, or that thou mayest have pleasant or delightful knowledge of lawful
poasession-taking according to the Feinechus ; i.e., Kin said this to Doighin, i.e., to a
son of a wise man of the *Ulta*. In thrice t oh days, Le., in three times ten dars
the legal right of possession is to be conceded^ or it is after the three ten days it Is
required of him to bring all his cattle there. If thon consult wisdom, Le., if
thou consult thy own wisdom, or if thou confer with wise men, it is thns thon
wilt do. From land of one *cnmhal,* Le., as I am treating of land /ram
the land of the value of out ' cumhal ' to the land which is worth thirty ' cnmhala,
and this is a case q/*" certainty for uncertainty," i.e., whether it is a land of tk4
ffolue qf one * cumhal,* or a land of the value q/* thirty * cnmhals,' it is one custom
that is for the entry. It if one custom, Le. the law of the possession is the same
acconUng to the pleasant or delightful knowledge. Though thelength of the
*foirge*-measure should be doubled, i.e., though the doubling of the
*foirge*-measure should take place throughout, it is so it will be.
Two horses in hand, Le., he i$ (o Aaee two horses, held bjf the bridUet la
his hand until he reaches the border of the land, and it is not free for them to
unharness them there, and if they be unharnessed at once in the land there will be
a fine of five ' seds,* Le^, half the freedom of the land, or it is the old land half free,
for eating its grass alone, but fully free is the land of which the grass and the com
are eaten; but the land is half free of which the grass or com alone is. eaten
]}order, Le., between the mound and the tillage. Worthy witness, Le, pore
witness to see that he entered lawfully into the land. That his legal right
be ceded to him, If there be Feinechus, Le., if the nsage of the law'
\ '
In C. 8i9, the reading is as follows : — *' Dodin, dost thon know the customa of a
making entry on landi Nine said these words to his son. A wise man of the
' Ultonians said so to his son, Le., Dodin, to teach wisdom unto him ; so that he said,
Podin, said he, doet thou know the customs of the making entry on land with the
Feini? What law does he mention here? Answer, the law of cattle possespioii.
Query, what is the right form of this law» 4<^. r
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22 *Oin Zetmsm Sifatia.
Of TAKivochonf no 'Docmtain ■oo, t^o bo coifi ■otig©* -oo |x>fiba ctiia&i -oon 'Docmon'o
LAWFUL fneDonait) a haichti na cec T)echniai'D. TTluna be peineachar .1.
Jt 068B88I021
^.^ ' mana |voib fiiotv 'oligi'D 'in penechaif t>o Txnncqin w). TJettaif
lafif tii'oiti, .1. caU# aca lef •otm; ia|\|* cmla'Da f\n a men o tvoni'o in
T)a •oedmcro, .1. a po[vba na T)edni<)ci'Di moDonii octif 1 nintxicadc na
' 'oecmoi'Di 'oei'Denche. CeicliTxi heich .1. ceichfvi eicYi aitiitcnigtiY* no
t>ti5a|' "DO biiich loif int» 1 poT^ba na 'oedmai'oi niet)on6it .1. ifoeti -ooib
a fcofi ipn pefionn annp'oe, ocu|* noco faoTv .|\oniainT>. Dei 5^0 peji
pia'oan .1. •oei'oi 'opeixoib ipn piaDnoi|»e tk) bfieich teoc .1. ctieiT)!.
Han'Dca co|*inoiti|^.i. tiT^Twtnncai|icoynnoilti|*napit^in'Di accu»no in
* pfiinTN acttcooopnaiU Tyiieif e 'oo'otige'D -oia no-o be peinechaf
.1. mcroia |U)ib fuayk, •oi^^^i> in penedoif -oo txxmcain ■ooic, |U)bti coi|\ 'otigeo
T>o 1 pofvba ctieip Tion "oedm oi^d 'oei'Denaig, a h oichti n a 'oedmoi'Di m eDondif
tic ftiptva .1. amait oca tiomoan'o, ociif ceic a not fiiih opoi^ iniina coficafi
OCporo naile o ihnaoi, ocuf ceftjf if ci|v a poificenT) na haoite,
octit* oncrt fe la lafif tirtiti, ocuf cede if ri|i 1 foificenn na fe la.
If a hotc faiftlaiT) ocuf ana* ceitjii la, zetz ontm-o lafifuititi if
aile •d6c f amlaiT) 'Dona. ^
. 'Cellni f 1 afi f tii 'oiti, .1. call aca loaf t>aic in oDbtil cinDlu'D na ctvi
n'oe^mar). CC n'oige an^) 'oedma'D, 1. 1 pofiba na 'oedmai'Di 'oei'Dindi.
O cbc n ei ch ai leaf , .1. occ neich if o n1 aixiiUnifjef no -oligef 1)0 bp«ich
leif CO cfveib no inT) In peficcin'o "oa coijiitin. 'Cixeige poTv pi at) an, .1.
cfvei'oi -Dpeiiaib ifin pia^naipe Wbjiicli an-o. Lac -do gjia'Daib peine,
.i.lec'Dona5T^aT>aibiiile'D'oo|\ei|\inpenechaif. Hannca cofmailitsf
.1. uc fflptxa. 'Ctil pu 150 all, .1. moDia jioib jimfi 'olige'D In penechaif
■DO ■ocmicain -otiic call, aca pmgeall tiili -oaic 1 pofiba na 'oedmai'Di
'oei'oenci. TTIuna'D be peineachaf, .1. ucfupfva. 'Cedca ctuni'oe,
•1. ce6cai5ceix culnt-oi In pop-ain-o -oaic log bit aca piix-oecbfain co •oligtec
|Mf in |xe pn. Co peif, .1. co loigi -ooib ann, .1. co mWuT) coclo^.
ConaT)05, .1. in cefpixe-o. Co cein, .1. a haiT\biacba'6 na fp[veiT)i fin.
Co naic|\eib,.i.coc|\eibanaic'Doci5ib'DO'Denani TKMb. Co coTitume
.i.cech|ia'Dob|\eitlacin'DT)ocoii\ichin. CCcbc cip, ctiin'o ceccotvaig
.1 . ife ceca titic cfiian wba a neifie, .1. in petwcnn a\i axi laepecutv na co^naig
a cec cti|iii ceillfine .1. cip. •oiba'o coiccinT), tiaip, noco neicen apa'o ceofva
n'oedmocD imefein, na cechcugaT) -oo bfieit in'oci, atz a tvom-o po cecoi|i, no
coniaip.iuni -do b|iit in-oci ; ace in pefianT) -oo bet\a|\ a|\ 6in no a|i pocbticnc,
if in'obetvaiTXinceccuga'D. No imcelgaT) nibT\o5ay.i.'Dtincenfeilbno
cell cen paitci oc na bi biiug "oia nimcelguT), .1. in pe^xann ac na bi pai6ti
fie bfieit cechTia in-o -oa ce^cugaT), amtiil aca "Dun CCtiaiU, uaitv if rymne
1 Tico male vntnesses. In O'D. 414, the following is added:—*' The honor price
of each of whom ib equal to the value of the land."
' T^ree. ' 'Cp.ei'oe * is an underlined gloss apparently by the same hand as that
which wrote * 'oei'oe ' orcr the line.
* Tvtlve days. This paragraph is found. in the lower margin of col. 2, page 7,
of the MS. £. 3, 6, in the hand of one Donnchadh, dated at TDoin na caofif 1542.
* The land of Conn Cet-Corach. —In C 851, this is explained "T^iyv |iig, the land of
aking.** In 0*D.415,it iscalled the 'dibadh'-Undof the*da«r-stockt«nanVand it
is there added, *< the force of * ace ' * except ' here is, it is not cattle that are brought
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OF TAKING LAWFUL POSSESSION. 23
of the Feinechtis be granted to bim, tho hen^i of lair should be giTen to him at the end Or TAXtxo
of fire days of the middle ten after the first ten. If there be not Feincchus, z^awful
& c . , le., if the usage of the Feinechus law has not been ceded to him. He returns ■*^**™W^**
after that, i.e., within thy welfare lies after that point of time, from the division of
the two tens, ie, from the end of the middle ten and the beginning of the last ten days.
Four horses, Le., he is bound or obliged by law to bring four horses with him
into it, at the end of the middle ten days, i.e., it is free for them to unharness them
in the land in this case, and it is not free in the former instance.^ Two male ^Ir* JS(/«re
witnesses,* i.e., to bring with thee two men to bear testimony, ie., three.' «*■
There is a similar division, i.e. they divide what seems like the truth, or
they hare the truth to all appearance.^ In three days to be conceded ^Ir- Simi^
to him, if the Feinechus be submitted to, ie., if the custom of the ''''v*
law of the Feinechus be ceded to by thee, it is right to give him the ben^ of the
law at the end of three days of the last ten, after the middle ten, ut supra, i.e., as it. '
is before, and the notice goes into the reckoning, unless it is given as an addition
mentioned in the notice to it that it is ten days.
A notice of two days is gwen by a woman, and she comes into the
land at the end of the two days, and there is a stay of six days after
this, so that she enters upon the land at the expiration of the six
days. It ia thus eight days and a stay of four days, she goes ohrer
after this, it ia thus twelve days."
He returns after this, Le., within the fern^Of*y thy welfare lies concerning the
full determination of the three ten days. A 1 1 h e e n d o f t e n, Le., at the ezpiratioa
of the last ten days. Eight horses he is obliged to have, Le., eight hones
* is what he is bound or obliged by law to bring with him to the house or end of the
land to regain it Three men witnesses, Le, three men as testimony to be
brought thither. With thee of the Feini grade, Le., with thee, of the grades
which are according to the Fuinechus. There is a similar division, Le.,
utsupra. Speedy judgment,Le.,if the custom of the law of theFeinechus be ceded
to thee, within the territory^ evecy decision lies for thee at the end of the last ten days.
If there be not Feinechus, Le., ut supra. Lawful possession, Le.,
the possession of the land becomes legal for thee when thou hast been legally
viefring it during that time. With s h e d s', Le., for their lying there, i.e., that
they may sleep. With cows, Le., the cattle. With food, Le., the feeding
of that cattle. With habitation, Le., to erect a habitation of houses for them
in which they may remain. With attendance, i.e„tobringcattle with thee into
itforielief. Except the land of Conn Cetcorach,*Le.,hewasthefirsttbat
obtained the third of the * dibadh *-land in Eirin, Le., the land on which the sensible
adults sent their first obligations of tenancy, Le., a common 'dibadh*-land, for a notice
of three ten days is not necessary concerning it, or to bring requisites for taUng
possesnon into it, but it is to be divided at once, or equal stock is to bebrought into it;
but OM to the land which is lent or let for rent, it is into it the requisites for taking .
possession are brought Support of a mansion, Le., a*duu*-fort without
land, or a church without a green, which has no mansion to support it, Le., the
land which has no green into which cattle might be brought to take possession of It,
here to take poesesston ef it, but persons, Le., a * dun *-fort without land, or a chuich
without a green.** *Conn Cet-Ck>rach,* appears to mean, '' Conn of the first con-
tract,** Lc, who put the first contract, or engagement (' cor*) upon the tenant.
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24 *Oin Ce6cuErfD Sifana
^' ^J;^™'® be|ia|\ T>a cecctigcrDfi'De. Woch 'if nemeaT). .1. no in t^etian-o af«
P088B8810K. piTUXcomailceti c\y tk) neinieT), amait oca T^ifi Tl1u5ain no Hoc OC'oniaiTii*
— — If af in ceallach f o, .1. if af in T:e6ctij;a'D facoibgicetx cacti petionn
t jmbei\a|X cechtxa -oa cecctigCTD t>o txeip. in penecaif .
Cixui citxe, .1. cellacYi if in citi im crcaic ctiuf. Inaenan main .1.
ni hlnan-o mosaigaf maine T)0 neoch rellach 1 citi co qftaib ocuf 1 citv cen
cfiti .1. noco noen inant) tim do beifx mousaD mainec axi feti in petiainn im
IcfecTMf im ceccugaD in peiiain-o co qfitiib ime aici octif cen cjiuib inie,
a6^ If mo "DO befiaifx co cp.uib ime aici ; no noco naenan inanT> t!m "do beip.
mougOD atv in pe|\, befiuf cechcugaT) -oo btieich inx) co cfiuib ech aici ocuf
cen qttiib ech, atz if mo -oo be|\ai|\ co cfitiib ech aici. TTl a-o ta buaji, .1.
maT>teif in buaTixK) nt in ag boip. bejiaf im r^echcugtiT). Cumot a f e
f tainDceTi, .1. aifnoiDretv cumal fe mbo a cecctisu-o citve cen cunn cen
coibn!. TTltinab yo ffiitb, .1. man abaft ife-o a t^[vaint> boDein |io
cedt^aisefcaTv he, if ann aca fin. "gen cun-o, .1. cen cunn coibiattiffa.
S«n coibne, .1. cen coibini:eT>aif .1. naem ocuf pifien. "Oitf 1 buaiTt
befvai jx, .1. -Dilp in btiaifi. befiaiiv if in cechcugu-o nin'olig^ec tve caeb na
camaile tiomainn«
.1. Ctimal fe mbo fo, octif if cuma aca fin a cechcti^uT) z^\\e
CO canx) co coibne, no ci-o a reccugaT) x::i|\e gen cunn jenxoibne;
no T>ono, If ctinial f e mbo 1 reccugoD ri|xe cen cunn cen coibne,
ocuf cumal rfii mbo ipn cechuugoT) aili.
TnaD caf, Ian ime r>o na buaiflib, ocuf if cifi gen cunn gen
coibne, if cumal ocuf •oilfi nai|\me. TTla'D aft leit ime, if qii
cechf-uimte cumaile ocuf qvi cechftuimte na haifime. TTlaT) getn
fme icifi, if let cumal ocuf let nat|\me. CCijieam nama vo comfo-
gail, amuil fio fiai-ofium, -do na hif lib, ocuf lee cumal ma-o a cam.
TYlaT) cifi CO chunT) co coibne, if -oilfe na haifime co cumal "Daf.
Ian (me, qfii ceachfiaimte caji let fme ocuf leat cen ime ici|i ;
ocuf If inann aca fo -do iflib ocuf "oo uaiflaib.
THod anpf -DO nayiob cifi co cunn, if let fiac nav, no omuil
ri]\ CO chunT).
I Which is a *Nemhe<idh*'person's. The reading in C. 851, is **no af neimiD, or
the rent of a Neimidh, i.e.» land of -nhich it is due."
> With feticet around it, * ctiu ime.* may mean also " a fence, which is a paling."
■ ()f horses. The word * ech ' was not translated by Pr. O'Donovan : it is bcrc
rendered ** horses," its meaning in modern Irish, a meaning also found frequently
In the Brehon Laws— vid. a 1,248, 1,990; 0*D. 2,085. That horses were required
for taking possession in some cases is evident from this and several other passages
iu the present tract.
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OF TAKING LAWFUL POSSESSION. 25
siidi M Dnn AraUl, for it U persont tbat are bnmght to Uke pooeaBlon of it W h i c h Of TAEOia
io A 'X4 em h c Ad V-pereon's,' i.e., or th^ land by which the rent of the *Neimhedh'- i^WFCt
person is tnily eecnred to him, roch as Tir Maghain or Rot Admairl It is by ^^'""^^''
means of this en try, i.e., it is by this form of taking possession every land is
Uken possession of Into which cattle are brought to legalite the possesion accord-
ing to the Feinechnt.
Landwhich hasfences, i.e., an entry on the land about which there are fences.
It is not equally the property t ncrea s e«, i.e., it b not equally pro-
perty increases for one who has made entry into a land with fences and into a
land without fences, I.e., I do not deem that thing the same which brings increase
of wealth to the owner of the land as to paying * seds* to him for taking lawful
possession of the land with fences around its And a land without fences around it, but
more is given for land vrith fences around it ; or, I do not deem that the same which
brings increase to the man who brings means of taking possession into it with cattle
of horses and without cattle of horses,* but it is more when -he has cattle of horaes.
If it be with kine, Le., if it be with cow^s he enters to take lawful possession.
It is a ^cumhal* that is mentioned, te., a 'cumhal' worth six cowt ia
mentioned as brought to take possession of a land without chief or tribe
alliance. Unless it be in a lawful possession, Le., if he says it is his
own land that he has taken possession of, it is in that case this is so. Without
a chief, i.e., without a chief of the same tribe. Without a tribe, Le., withoui
agreement, Le., of saints and just men. The cows which are brought are
forfeited, Le^, the cows which are brought as unlawful means of taking posses-
*' sbn are forfeited, together with the *cumhal* aforesaid.* 'Ir. Bf/ord
hi;
That ia, this is a ' cumlial ' of the mlue of six cows, and this is
equally given as the fine for taking possession of land which has^ a ^ Ir* ^i<A«
chief and a tribe, or for taking possession of land which has
not^ a chief and a tribe ; or, according to otherSy it is a ' cumhal ' of • !'• ^*'*-
the wUtie of six cows for the taking possession of land which has
not a chief and a tribe, and a 'cumhal' worth three cows for the
' other possession -taking.
If the nobles have entered* over a full fence, and it is a land ' Ir. Far
' which has not a chief and a tribe, it (^,/Jntf) is a 'cumhal,* and for- **•"•*'•••
^ feitnre of stock. If thetf have entered over a half fence, it {the fine)
\ is three-quarters of a ' cumhal,' and three-fourths of the stock. If
I they have entered on land which has not any fence at all, it {die
f ^;t«) is half a ' cumhal,' and half the stock. The stock only is to be
\ equally divided as we have said, by the plebeians, and half a 'cumhal'
is tltefine if it be in* Cain '-law.' If it be land that has a chief and
a tribe, it {tJis penalty) ia forfeiture of the stock with a 'cumhal '
fine^ if entrance be made over a full fence, three-quarters if over a
half fence, and one-half if there be no fence at all ; and this is Ijie
same with respect to plebeians and nobles. * I'« ^^*
If it be unknown to him who entered thAt it was not a land that had a
chief, it is half fine that is paid by him, or, as in land that had a chief.
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26 T)in T^6cti5<n) Stfana.
Ow TACTo gne aile : Tllcr6 n|v co ctinn co coibne, -oia fnbeD Cficti, i;* cutnal;
PoasMBioir. wiwifia beD it* let cumal, ocuf if coirceonr) lnT)fin ici|v ifeal ocuf
— tiafal. *Oia mbefva ai|v ain fofi ai|vltn ceacca T)0 T)aiT)aib ocaf
ea^onb ocuf buccib, if -Dilif mte c6 fio log cumaite v\a mbe-o qicti.
tn ana beD, if tec ctitnat. TH cro ba beifieccf octif eich 65a, ocuf
if Iti^a ncro log camaile, if -oilp na haifime vo qfiocaifie, •oia
mbex) qiai ; mona bex), if tec wlp naifime octif cumat a ecfio-
ccafie, T)ia unbe'D cfiai. TYlvtia beT> cfiai, if let cuinat.
T^p, cen ctinn cen coibne, t)ia mbffo qxai, if cumat octif "oilfi
noifime "oo uoiftib, ocuf tec ctimal octif tec 'oilfi nai|vme, muna
beo qvai. IXicco -oo iftib co qfioaib, if ton •wtfi fiaifime. Tlltina
boD qioi, If leich iMtfi nai|vine.
O'D 417. [TTltiiitip po peitb cechcai'O.
.1, TYltintip a fvichc a feritnDT) fein cedctif 1 cedcuga cipe ceti
conn cm coibne, icifi cam ocuf tiiv|vti'6tif , .1. mtintip vo faige fetba
' a6c fofx eicfn.
Ziji cen conn cen coibne, T)ilft btrai|x bejiuji.
.1. TAxi cen cunn compialtifa p,if, .1. lefa, .1. fine, .1. cm coib-.
nefca, ace cecntiif octif bup-ba, .1. •oilfi in bttaip. beptup, ifin
cechcti^aT) ninnx^tigcecb p-e caob na cumaile p^otnuinn, ci* iflip
ai> naiftib, .1. if -oitef in buap, tiite, .1. in can if ctp, cm ctinn
cm coibne, if -oilfi naip^me octif na cp,i peoic a ncnchpn m
f^oip, : no "Dono, if cpi peoic nama in can na cetccep, cp,i lap,
nT)ep,tifcc CO nac taif in c^p., ocuf if log caige fo "oepxi amnfin :
m can init]p,p.o ic T)ilfi naip,tne ocof na cpi feoic, ime nin-oixtiic
1 fo6tim : mcro lech ime imup^px), if tec •oilfi naip,me 1 fOT6uin.]
> J[f there he cattle. Owing to the arabiguity of tho term •* qfioi," or ** cpui,"
it if v«i7 diiBciilt to decide In some instances whether it should be rendered "cattle "
or " a fence."
* Are forfeited. After **bei\up'' in the- MS. the words "mecMp nec1ica'»
follow. They were not translated by Dr. 0*Douovan, and their meaning is yery
obscure.
' 1
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OV TAKING LAWFUL POSSBSSION. 27*
^nother version — If it be a land that has^ a chief and a tribe, ofnd Of taxiko
if there are cattle, it {the fine) isa *cumhal;* if there be not cattle^ it pji^^ox.
(the fine) is a half * cumhal/ and this is common in this case both to
•It WZ#4.
plebeian and noble. Should he seize in one day upon a lawfal
number of people, and horses, and cows; they are all forfeit as far
as the value of a * cumhal ' if there be cattle^ on the land.
If there be not cattle, it {the fine) is half a 'cumhaL' If it be
cows he brings, and he has horses, and it is less than the value
of a ' cumhal,' the forfeiture of the stock is the leniency of the eaee^
if there be cattle ; if there be not, it {the penalty) is half forfeiture
of the stock and a ' cumhal ' in severity qf law, if there be cattle. If
there be not cattle, it {the penalty) is a half ' cumhaL'
In the eaee o/'land that has not^ a chief and a tribe, if there be ^ I^- ^^''
cattle, it {the penalty) is a * cumhal '-fine and forfeiture of stock by
nobles, and a half * cumhal ' and forfeiture of half the stock, if there
be not cattle. If the entry toa$ made by plebeians with stock, it {the
penalty) is full forfeiture of the stock. If there be not cattle, it is
forfeiture of one-half the stodc
Unless it be into lawful lancL
That is, unless it be on the supposition of its being his own land
he brings his requisites for taking possession of land that has not^
a chief and a tribe, both in ' Gain '-law and in ^ Unradhus '-law, Le.,
unless he seizes land by force only.
In the case of hxid that has not a chief and a tribe,
the kine which are brought thither are forfeited.*
That is, land which has not a head of a tribe, i.e.; well wishes, ie.,
of the tribe, ie., without relatives, but fierce and lawless people, Le.,
the forfeiture of the kine which are brought to take unlawful >
possession, together with the ' cumhal ' aforesaid, whether they {the
people) be plebeians or nobles, Le., all the kine are forfeited, Le.,
when it is a land without a chief without a tribe, it {the penalty) ia
forfeiture of stock and the three * seds ' as compensation for the
grass ; or, according to others^ it is tliree * seds ' only when three
days are not allowed after the proof being had that the land is not
his {the daimant'e), and the price of theft is the cause of this ; but
when it is forfeiture of cattle and the three ' seds,' there Ufoe a
perfect fence then ; if, however, there was only half fence, it (the
penalty) is forfeiture of one-half of the stock then.
Digitized by LjOOQ IC
28 •Oin T^etettjoT) 'Sifana.
^L.V^^ T^tiiTii'oe [uxicais a qiitin featba co 'Oil no T)e[U)rc.
PcMBaeioir. Ti^eilseaD a|i cfieife,. munab taip pbiiaiT) co ze
fiaiqieib, co paca paicce. Ice peich paichce pifi ce
inT)li5ai5 ; clicheaji fee, flain'oce pjigti na nuile ;
fee fomaine, la cornam con 'oeichbijie pjx bepx hai jf
T^tiini'Detvaicais.i.t^oicecli afcnatna mechaif .1. in cen'DtiiT>t bt
in CI 'Dafi.a ceg in i>oc ipn pefuxnn co nice a cTi«an, octif cfuxxiiTV
tioncTD iwf im 016011*0 co ctxian in t:eTiain'o. Co -oil .i, co 'oiln'o
.1. CO t>tloT> afw Mo -oeiiof c .1. co T)ei|vbcin'oiii'D a aifiipne an-o. TJ*
geaT) ayv cjxeife '.1. ceilgiciix he ap ap. cp.eif manab leif boDeu
T>6ispei>ann pn, .i.iait mb|ieichenina6c. Pobtxaix), .1. bTmsptiil'
Co com .1. CO cetniT) DO "oenam ann xi^f in xie pn. Co naicfieil
00 CTieaboib inaic -oo cigib -do "D^natii ann jiif in tie pn. Co pn
pait6e, .1. cof na piacaib bic aici pofx apoitce hod, -oa n^ep-na in^li
cedcaigti. Ice peich paicbde .1. ip lac |H) na poi6 mlec uan> .
a P01661 -oa n-oeTina in-o-oliseD cechcaigti. ClicheaTv fee, .1. clei
ap fee .1. loitgech. Popsu n a n u 1 te .1. in fee if piTtcosai-oi bif ac na
limlib, in cfaitiaifc. "Dibu fee f omaine .1. in fecif T)ico5aiT)ifoniaine
ann .1. •oapcai'o T)a fC]xepalV. Lac of nam co nDeiehbipe .1. T>on
paicecb .1. ta ^eitbipuf aici va cofnaih an fepaint) T)on f ip, befa hoi he
.1. cecheaga'D cipe cen cunn cen coibni pn, ocuf T)o duaiT) nS ipat) na
CO nice cpian In T>eapain'D. Pip, befa hai spian .1. T)on pp befa ai
in 5pian -oo bepap na peich fo nile.
1. Ife aictine in |iairaii5; T)aine laif fio bai fechrap, p'ne
atnaich cofqiafoa, ocaf ni p-oiivnac |\aibi fepxiTin aige, octif uic
I ' Raitech ^-penon. That is literally ' a roadman.*
t On the point. In C. 85 1, the gloss is " co Dit .1. 00. puc6ap bpet immi, until
judgment, i.e. until sentence is given respecting it**
s Good land. Over the * d* of tlic word * pobpaiD * is written the contraction for
'no ' 'or/ and *g* intimating that the last letter might be g.
^ Under him. This gloss in the MS. seems rather to belong to the preceding
clause. Dr. 0*Donoyan however placed it as here given.
• The bett sed: *cl/itap fee* is explained in C. 852, **.i. laul^ad, no Daum
cimoeUa apatap, no buo inlaose, a milch cow, a plougluog ox, or an incalf
cow.'*
• Had not land, O'D., 418, adds here : *' he is to give notice of ten dajs^ and to
go with all his property over to the land at the expiration of ttime ten days; and as
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Of TA&IKC^ LAWFUL POSSESSION. 29
The possession of a ' raitech'-person* in the third of ^[^^^J^
the land holds until judgment or decision is had. He is Poaawsiox.
ejected after three days, unless he has good land with
fire and habitation, with fines of a green. These
are the fines of a green to be paid by the man who
makes an unlawful entry : a ' sed ' of the greatest
value, styled the choicest of all ' seds * ; the worst
'sed' for profits, with the costs of the necessary de-
fence of the man whose property the ground is.
The possession of a *rai tech '-person, Le. a *raitech '-person suing lost
property, le. the bold advance which a man whoae house the road is, makes into the
land until he reaches the third part of it, and it is mercy that has been extended
to him in permitting him to enter as far as the third of the land. Until Judg-
ment, i.e. until judgment is giyen respecting him, Le., until judgment is givea
on the point.* Or deci sio n, i.e. a certain decision of his reaidence there. £ j ec ted
after three days, Le. he is cast out after three days unless that good land
belongs to himself, Le. after judgment Good land,* Le. the land which it
ui Icr hini.« Wi th fire, Le. together with fire which has been made there during
t'lat time. And habitation, Le. with habitations in place t>f houses which
h.irebeen built there daring that time. With fines of a green, Le. with
the fines which he has on his green to be paid by him, if he has made an
illegal entry. These are the fines of a green, Le. these are the fines
which are recovered from him out of the green if he hss made an illegal
entry. The best 'sed,'* Le. the best among *seds,' Le. a milch cow. The
choicest of all, Le. the *8($d' which is most to be chosen by sll, «.«. the
*8amhai8C*-heirer. The worst *sed' for profits, ie. the *8ed' which is
lesst to be chosen for 'profits, Le. the * dartaid '-heifer worth* two screpalls. » Xr. Of,
With the necessary defence,Le.to5«/»i<fbythe *raitech*-person,Le.Atf9
tlie man whose property it is, is under the necessity of contesting the land against
him (the * raUeck''per$<m)^ Le. taking possession of land tliathadnot^ a chief b fr. |p^.
tlist had not ^ a tribe, and he went farther than as far as the third part of the oitf.
land. The man whose property the ground is, Le. to the man wfaoM
property the ground is all these fines are given.
Thus may the * raitech '-person be known ; a man who was up
to this {the time of tlie actioii) abroad, Uvivig apart fit-om the tribe,
and who does not know that he had not land,' and he comes wit|i
merer is shown unto him at his going over, so mercy is likewise shown unto him
by giving him three days for departing, when it it tlttermUed that the land is not his
property according to law, and wbate^-er part of his dnty he neglects, there is no fine for
actual-posaession upon him, except these * seds,* namely, an incalf cow, a milch oow,
anda*dartaidh'-heifer ♦ • »
When it is cattle/or taking possession the * raitech '-person bringi^ mercy is ex*
tended unto him in permitting him to enter as far as the third of the land the first
day *, and when it the penalty) is a * cumbal ' and forfeiture of stock from another for
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30 t)in 'CecxmTscco S^Jxa\a.
Ow TAKiKo CO iia hinT)ttib, ocuf crDbe|\aT> na comcniaig if Icrif fn ctfi, co
PoflBBMUff. ''ttboift btveiche a •oul co rfiion in peiumro, bo octif fomifc ocof
— 'Dafiuai^ iffeo icaiT) a log a |:o5ealca in t:itie j octif i:;eil5cn'D afi
- cp^p la^i^ n^aiT) eifi a ciftc ; ocuf if cifi co coibne tm), ofi if "ooig
laif If laif ; mcro ci^x co coibne imtififvoy if -oilp naifime, amuil
l[\6|iai'Dfitifn.
OCconu z\ii tioicoci^ ann ; fiaiceach afcnam a medchiif, octif
fiairead Deip^^e a mecccaf , ocuf x^%zet f,ig ; ocuf if ai|ie a 'oefioiv
funced |ief in f,f, tiai|v if leif a cnvc ffvitce a fuwc, octif cq\ a
coicciD'oe. In con if och^abail af ail do ^abail do na Tiaii:ea6aiby
^enmoca In fii^, ob<r6 naili ccix ir\ funreach gfiaiD placha, ocaf
abcro naen le ap. In iiaireafi gtiaiD feme, tic fappxx •oiacimtif .
In com tf Dileaf cm aifiim o ca6, if cfii feoic o na fiatiseacaib.
CG eT)q[vocai|ie fin ; a rfiocaifve iTnniti|if,o, Inl ve af Iti^a, Dilfi nc
haifime no qfil feoic, co fiabeoD bef voDa. Mo, q[vi feoix; o n*
fuxiT:eachaib, ocuf Dilfi an aifime o cad a cedctigaD co q[iitin fe-
albcu
0T>, 419. [Slan Don jiaicech cia ceif co rfiian na f ealba a cifi co conD co
coibne, cen co'uticca apoo, uaip, nach cd cip, Dia fultin^ fp.i \\e
napaiD ; cp,i f eoic paip. Dia ce nl if fCa, no Dia raifiifi call rap,
qfieip lafi n-deinn Dlign^ d6. Ocuf if cap, cpo, ocuf if lech niana
bed cfitii.
nia rip, cen conD c.en coibne, if Dilp naipine tiai6 amtiil dacli :
no Dono, in 5p,eini sabtiitx na cp,i feoic ifin cumtitl ife 5|ieiin
gabtif a atfieriiforii i ndi|\em. Ho Dono, in bail if Dilif a al]\em o
each If cp.1 feoic on p.aicech. CC ec]\ocan\e, a c|iocai]\eimtip.|io,
unlawf ol poasession-taking it is three * seds * that are paid by the * raitech'-pcraons ;
or rather the proportion which the three * sods* bears to the *camhal' la the same
proportion which his stock bears to the stock of all others. Or, indeed, according
to dhert, when it (theptnalty) is forfeiture of stock from all others, it is three seds
from the * raitech '-persona; this is the severity of the case, but its clemency is
\4
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OF TAKING LAWFUL POSSESSION. 31
his cattle, and his neighbours say the land is his, and judges Or takwo
tell him to go as far as the thii*d of the land. He shall pay a cow possvssioN,
and a ' samhaise '-heifer and a ' dartaigh '-heifer as the price for ""^
grazing the land ; and he shall be ejected after three days after
failing to establish his claim ; and it is a land to which he thinks
he has a hereditary right,' for he thinks it is his ; but if it be a
land to which he has not a hereditary right it is forfeiture of stock ',
as we have said he/are.
There are three sorts of ' raitech '-persons ; a * raitech '-person who
gets into failure, and a * raitech '-person who deserts at failure, and
the king * raitech' ; and the reason that the king is called 'raitech' is
because he owns his share of waifs of his road, and also from his
generosity. When it is distress it is thought fit to take from the
' raitech '-persons, except the king, a notice of two days is served
on the ' raitech '-person of the chieftain grade, and a notice of one
day on the ' raitech '-person of the Feini grade, ut supra dizimus.
When the stock is forfeited by a^ others, it is three ' seds' thicUare ~
paid by the * raitech '-persons. This is the severty of the case ; but
the leniency of it is, the part of it which is less, the forfeiture of
the stock, or three * seds,' it is it he shall pay. Or, aceording to
others, three ' seds ' ore dtie from the 'raitech '-persons, and forfeituxe
of the stock from all others for hamng come to take possession as
far as the third of the land.
It is safe for the ' raitech '-person though he goes as far as the third
of the land in a territory that has* a chief and a tribe, even though m ir. jfitk.
he may not have given notice, because the land is not supporting
him during the period of the notice ; there are three ' seds *Jine upon
him if he goes farther, or if ho remains within beyond three days after
attending to the requirements of law. And this is when he goes over
a fence, and it (thejlne) is one-half of three ' sed^ if there be no fence.
If it be a land that has not a * chief a-nd a tiibe, it is foi^ * Lr- With-
feiture of stock that is incurred by him as by everyone else;
or, according to others, the proportion which the three ' seds ' bear
to the * cumhal ' is the proportion wliich his stock bears to the stock
0/ aU, Or, according to others, where the stock is forfeited by
everyone else it is three * seds ' that are recovered from the ' raitech •-
person. This is the severity 0/ the ease, but its clemency is the
that part of it which is less, the f orf eitart of stock,- or three ' seds, * it due from the
< raitech '-person for coming as far as one-third of the land, and forfeiture of the
stock* from all others."
> Hertditary right — * Coibhne,* seems here to mean a right to the land by descent.
^Stw^ — ^The stock necessary in making a l^gal entry. , —
Digitized by LjOOQIC^
32 'Otn Cecctiscrt) ^irctnct.
Of TAKDTo in j^ •oe i|* lapi .1. 'oilfi naf|\me ; no, na Cfii feoic ; no 'Dono, w qil
Poflssasiox. V^ot^ ^ tiaiced 1 cede co cfiian fedlbo, ocuf "oilfi nontiffie 6 toe.]
OGraic ceofia atmreiia inreagaifi eiT)echca la peine :
anhjabail ei'oechca; ceUach in'oligcech, comp^ug jen
cti|xti bet, no gon elot cu ii*Dli5eD. "5^ cuaiche, 50
bfieicheafnam ncro beifi pacha each ae.
OCcaic coofia aimfefia.i. am,Tve,ocaf fii\fiitain; occncceoiiafie
f^tonne f nin'Ofaisenn nee nl if iiToligted vo 'Denam t>o xiei|v in i»nea-
cYionf. OCchgabait .1. ctiic feoic in'oe. 'Cettach inT)ti5cech o.
cechcugcrD in'otigcech vo hfazh ipn pe|xan'D .1. ba zayk, erp eocti, octif t^o
goba eo6ii .1. cumat, no ^itp buaim no cfii peoic inT>. ComTvng gen
ctifiii bet .1. comixuc tm) cfxti x>o pofi. nech cen cfiebtufve co coifv o belaib
aici jve cnfec no |\e -Dlefcin -do in nei6 imafiocaiT^ Tlo gan eto-o .1.
no can eloT> 'do leco^ im a odin T>li5e'D} .1: apam na CTioiyxn ce t)0 T)echaiT>
TT^'f So ^«<J^^^® •'• If S^ "^^^ cuaich .1. na mo^x cuaiche, ocuf t>on
bjieitemoin na bep.a eifuc im ca6 nae Im cad nogae t>ib fini €1*0 be "oib cuf
afioifcefu
rosacli bescMa so.
In CI 'DO beijx na cechra feilb ap e 'oo fion co piacaib
caige. In ci cfieanap cen ceoL gen caigi, co nglaine cuibpe,
'Oileap 'Dofnifoe o "Oia octip 'ouine ; 'Oiam flan a cubup biT)
flan a antini.
6iniiT)e 'Dono 'otanaD FOfigeallcaix, ajia feipeajx coift
) The third o/Umd.'-C. 852 reads, <' i.e. the ninth, Lc. the third of the thiH of
the tribe : he docs not enter into the share of the chief or the church."
*ForfiUwre of ttock, — ^The *airein' is the stock of cattle brought into land to
legalize the possession.
* 7^e beginning of < Bticna ' here, — In the MS. there seems to be no break be-
tween this passage and that immediately preceding, but on the margin the Irish
for this heading is given. In other X)1aces in the same MS. similar marginal notes
are found, where the original seems to lie a continuous subject
4 Eighi of coPtnanU, — In C 853, there Is a gloss on this text, and it is
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OP TAKING LAWFUL POSSESSION. 33
smaller of these, Le. forfeiture of stock, or the three 'sedrf ; or, Of takisio
according/ to others^ it is three ' seds * from a * raitcch '-person, for pofwKsBios.
iUegdlly coming as far as the thii-d of the land,' and forfeiture of ""~
stock ' from all others.
There are three occasions on which illegalities are
prosecuted by the Feini: unlawful distress; illegal
entry ; combat without verbal engagements, or not
departing according to law. It is falsehood for the
laity, it is falsehood for the judge who does not award
fines for each.
There are three occaaions, Le. *am\ time, and 'sir' fixed; there ire
three fixed i>eTiodB at which one sues the thing which if nnlawfnl to do aoeording
to the Fehiechas. Distress, {.e. five * seOs * are tktjuu for it Illegal entrjr,
i.e. to Uring illegal means of taking possession into the land, i.e. cowt after honea,
when he conld find horsea, .i.e. the Jine for it is a * cnmhal,' or forfeiture of stock, or
three *seds.* Comhat without Terbal engagementayi.e. to proclaim ahattle
against* one without proper security hj word of mouth for restoring or righting * Ir. Vp<m.
the thing about which be gives the challenge. Or not departing, Le^ or
without departure from the rule of law, i.e. warning or fasting thongh he was
fairly met^ bjf an ofer of arbUraiUm, Falsehood for the laity, Le. it is a lie b \f,Tkmigk
for the Gonntry, Le. the great territory, and for the judge who dues not award he was cam4
*cric*-ftne for each and every one of these aues^ whichever of them they come to ^9^*^^*
decide upon*
The beginning of 'Bescna' here.'
He who gives property which is not lawfully his
own shall pay the fines for stealing. As to the person
who buys without stealing or concealment, with
purity of conscience, it {ivhat he buys) is his lawful
property according to God and man ; if his con-
science be free, his soul is free.
Thou deservest whatever is adjudged ; that thou
mayest know the right of covenants/ that thou
sud that *' afxu poy^fv coift comncTDmann ** was spoken by Fergus, the poet,
as equally applicable for every Brebon.
VOL. rv. D
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84 *Oin t^ccascrt) -Sipana. j
^[^^^^comnaiHTia, ajia fitiice pifi piieam faigce faep, raiigaiT) !
PoMKMiov. in tnearatn cq\ comcroair each anaicafoceap, ajia caeb- ;
canaif ; aft m f ecroaji nat) ai|xli5ceaii la peine vo jp^f , :
Daij pne octir pp^jiallna na tnaichjii oilqieap ; aji or- •
e a qii 1X0 fuigiT) T)o impchaig cofi. >
- ' I •;
111 ci t>o beifi tia cechca feilb, .1. in ci-oo beifi nl -oo neocli, ocuf
nooo na feilb boT>din cechcujp, atz 0 feitb gaici m ^ocai'De. OCf e -do
lion CO piacaib, .1. if»e icuf be co via6aib gaici. In ci c|\eanap .1.
in CI cdnnonsef- Cen ceo I, .1. cen gaic .1. cen ceol, coiblenonin a goic
btin€nT> ipo cecoirt. ^en cat 51, .1. cen 'Diceilci .1. 'oicetc a soici ioq[ii><nn.
Co nstxine cuibf e, .1. cim flan, 5aibce|\, f unn aici in |»ec, no-oiambe
Cfiebiiilie, .1. cen eneclainn, cen pna6c cen cnchgin monl coiTiificefi.
O 'Diet, .1. na beclaip. Ocuf 'oulne, .1. na cuaiti. "Qiam f ton a
cu birft -1. can pif cubui" bfvaich atci.
Oimi'oe "oono, .1. poinit>enai5, no ii|\poicbli ma "ota cifcafi a fuisett
•oo bfieichemnoif . CCfta pei|»ea|v, .1. co peifet\|iii, no co fioib a pf acuc
Ofi'ovga^ na cuma nafcaiftecca -do |iei|i, toM[u CCiXTitiice pifi, .1. coji-
ab e ni befuc do neoch 'duI a na]x;aiTvecc if 'di|\ tk) "diiI i\e I05 enecb.
pifieam j^aigce faefi, .1. if pp-llm faigi-o abin-ofaigti fin pofv na
fopefiaib; no iffe-o ifaetfutiic •out pfxi log tenecb. 1 n meaf am, .1. ifo
n1 ivo meifemnaiseT) a bin-oe T)0ib "out |Wf in ni |io cocaimpgeT) "oo Ti4ifi
6oiTV,'DtitTie lo^an enecb. CCnaicai'DceafV, .1. if e ni pona^fceaf in ca6
pn axi in caeb t\o bticeifceTj "do T)ut,T;anr cenn a comsp-ait). (JCi\ ni
f ea'Dajx, .1. uaitino con in-ofais^i -do neocb -Dos^ief -oo fieifi in penecbaif
in nS nafi ejialuaigeT) "do x>uU v-e ni if mo na fie tog enecb. "Oaig pi n e,
.1. ciCFai-D in pinei po cofiaib, uaip. if micbofi -do -out yie ni if mo na |\e
to5 a enecb, .1. ma mo na tog a enec, caicmtg pine ocitf maicbixe ocuf ptata.
Ocnf pifisiattna, .i. na pip-'oana'oa m giattoD no in ceittf me .1. 11a
ptocba cicpaic po cop.aib. 11 a m ai cb|xi, .1. if uitti-oi in c]\ef an-o pine
machafit ac cai-oecc po co^xaib. CC^x ace a cyvi, .1. afiif laDfoin ctxei-oi
)\o famaiget) no i\o boTVoaigeT) 'DempuoiCTveD na cop, ninx>ti56ed tk) 'oena
necb. TTIapa in-oeitbip, fio nuc ua-o, no ni pui^be-o cia ]\o gett, ni gabap
to5 flat) in-D iciyi. In can naifccep in pai, ocuf if t)015 taif pogebaD, no
po nuc 'oeitbip uax), a tog "oo ic in'o.
• FirgiaUiKL — In C 8o4, thia term is glossed ** ced-giallnai."
■ J%e third. — In C. 854, "oltres " is explained "a maiciio quod tertium est." The
translation here given of the term is only conjectural ; ths text appears defective,
And the gloss seeius to be a mere etymolo^cal analysis of the word ' oitcpeap.*
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OF TAKING LAWFUL POSSESSION. 35
mayest reach the truth, thou shalt sue the nobles, ^' »^"»^
r . . . ' LAWFUL
thou shalt sue for what is estimated in a meet^oM^ws.
covenant from all who are bound as sureties for their
neighbours ; for no one ever sues for more than is
allowed him as honor price by the Feini, for the tribe
and the * Fir-giallna,'* and the mother's tribe shall
interfere ; for these are the three parties who are
appointed to dissolve covenants.
He who gires property which is not lawfully his own^Le. fho
perMm who gives a thing to any one which was not lawfully in his own poesesslon,
hut in the possession of the thief by theft Shall pay the fines, L& it is ha
shall pay for it with fines for stealing betidta. Whobuys,Le.he who purchases.
Without stealing, L& without thievery, ie. without secrecy, t.6. who pro-
duces, (t.e. dUclotei) the original theft st once. Without concealment, LOi
without secrecy, i.e. concealing the theft afterwards. With purity of eon-
science, Le. three sureties, %m he takes here the *sed,* or if there be security,
Le. without honor-price, without * smacht *-fine, without compensation, unless he
hastakenit God, i.e. of the church. And man, Lethe laity. Ifhiscon-
science be free, Le. having no knowledge of a betraying conscience.
Thou deservest, Le. thou meritest or thou earnest if they have come to
the decision of the judgment- That thou mayest know, Le. that thoa
mayest know, or have a knowledge of the order or form of covenants according to
justice. That thou mayest reach the truth, Le. that it is the thing
^ . which gives one the right to enter into covenant that should go as his honor-
i price. Thou shalt sue, Le;I deem it true that thou followest up thy suit
) upon the goodly men ; or what is free to thee is to go security as far as the honor-
: price. What is estimated, Le. the thing that was estimated originally for
^ them is to go security for* the thing which was fixed according to right, t.e. to go • jf, f^ g^
.sifrify as far as his honor-price Arebound,Le. that is what all bind on the person wHtlu
who was permitted to go #tire<y for his equal grade. For no one ever sue8,Le.
J for no one is to sue at any time according to the Feinechus for a thing which is not
i permitted him to go tecurityfor, Le. for anything which is greater than his honor-
I price. FoTthetribe, Le.the tribe shall impugn^ the compacts, for it is a false ^ Ir. Came
covenant for hhn to go tecurity for anything which is greater than his honor-price, agaituU
Le if it be greater than his honor-price, the tribe and mothers and chiefs dissolve
it(<Ae oontrac^. And 'Firgiallna*, Le. the men to whom is due the service
or the vassalage, Le the chiefs shall oppose the compacte The mother's, Le
the third* party are more numerous, i.e the mother's tribe impugning* the compacte • Jr. ^^.
For these are the three, Le for these are the thrco who were appointed ingayaiutL
or ordained to disturb the unlawful contracts which one shall make If it
was without necessity he gave a thing away, or he does not procure a thing
though he promised, no price is got from him for it at all. When the debt is
fastened, and he thinks he will get it, or he gave it away of necessity, its price is
paidthen.
VOL. IV. D 2
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36 •Qin T^coj^aT) Sifana.
^LlI^^ Mi tiaif tima r\a liaifi^ea'O na tioji, ate pofi tnal; ni
PoaeuBiox. f^Q^^y fe^j^p^ j^^j chiTi'Ota \x>\i fieach laif na bia'o ba ; tii
naif cifi foft imp,umach, tntinaf focha featb ; tit tiaif
e^ach pofiiiachnochc,mtitiacop,ma elate; ife jfieche
cen cojiax) 'oo gnt p.o coH bixech. Ice meanwx (m jeUa j
a ciimtin^ vo cac.
Wi naif, .1. ni jio ponaifcpti in aifxgeD no in ofi no in tinia o6c po|i in
nuafal) tiai|\ ip mce bo ■ooig a mbicli, no ife bo -ooich T>a |?ctj;bctil. HI
naif buafi, .1. ni |\o ponaifcfiti baofi arfiuitln nibaa|\ -do befioro ba
chm'Dia cennai'oe taif caiyxif a|\ in ci ac na biac ba.. no na boD ctumgei
aposboit CO bu|\tifa. W1 naif t;i|\,.i. ni tvo fonaifapa fejxann foi\
in CI bif foyx !m|\ania a inoD •oinoT), mona fochaigceix pefvann aia, no
mana tw)ib peafiann aici -oa pocbuga'D. fo^i im yxtiin acb , .1. fop. poen-
t>tegacb. "Mt naif 0*0 ach .1. ni |vo ponaifcfiu ecach pofi In T)tiine bif
tomnacr;, mana ^oib eracb aice xmi coi|iichtn. Tlfltina tjoyvma cladr,
.1. manl coit\ ecach co beim. Ife gfiecbe cen cotiat), .1. ifeni aca.T)0
|veiy\ |\o aatlai'oena mbfiecb ; amuil if ecatvbacb Sfvech na cno fcnfi cen
cofiaD aia, if amlcn'o if ecatibach na neicbe pn 'oo 'oenam. Ice
meaf fia a-o gotta, .1. ife ni |io meifemnaiseD tk) gettoD 'do cad in ni
Ima ctimca|v be Inigitt, in ni biaf aice .1. iffe^ meftiaiguf bfieitem o
ctimad -DO gitt -do cad.
.1. maf "oa fif no va anfif .t. fif ac feicheamam coicheT)a, ocuf
pf ac cftebai|ie, no arifif ac feiuhemam coidea'oa na fiaboDOfi
na feitb na f eoic fouinj^ettca ann, if fOfi fiait apf a onafi f a.
TTlaff a anfifac f eichem roiche-oa octif fifac q[vebai|ie, afCfienafi
ODtif. ai|iticre|\.
•
O'D. 420. [.1. cac fiac mgettuf •otiine ocuf bit ma faitbfie, no if 'ooig
taif a fa5ait o neocb eite, ocuf "oia ci 'oetbifx, tio "oo n)bei|\ nat
la^Xfin, If ann if fo|ieiu ai[ifta ana|i|\a, acr imco cad od innliriie.
Ca6 fiacb ingettiif na bi-d ma fai-obfie, no nad -ooij laif a
fogait, ifi 6ifiic anitiil fio gelt .1. in can na bf 1 f eilb in feicbenian
» Cmnta^ the merchant. In C. 854, the reading is buat\ bad Cmnia, and the
gloas adds ** Cinnia, for he was the first who brought cows into ErinD."
■ Blind nut, " en^jii^e " la the reading in C. 854, and it is glossed " cnu caed,
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OF TAKING LAWFUL POSSESSION. 37
Thou shalt not bind anyone to pay in copper, or sil- O' \!^^
ver, or gold, but a chief; thou shalt not bind anyone Possksmox-
to pay in kine like those of Cinnia, who has not kine ;
thou shalt not bind anyone to pay in land, who is
wandering, unless ho possesses land ; thou shalt not
bind a naked person to pay in clothes, unless he has
got raiment ; it is as a nut without fruit to adjudicate
in this manner. The promises of all should be
adjusted to their ability.
Thon shalt not bind, Le. thou sbalt not Impose the payment of sAtst, or
gold, or copper, except upon the noble, for it Is with him they are likely to be, or .
it is he that is likely to get them. Thou shalt not bind, &c., kine, Le. thou
shalt not impose thepaymetU o/'kine like the kine which Cinnia the merchant' used
to bring across with him, upon the person who has not got kine, or who cannot eanly
procure them. Thon shalt not bin d 1 and, i.e. thou sbalt not fasten;xiymeii< m
land npon the person who is moving from place to place, unless it Is found that he has
land, or unless he has land to support him. Who is wandering, Le. upon a
wanderer. Thou shalt not bind clothes, Le. thou shalt not bind jK^yoMiK i»
raiment upon the man who is bare naked, unices be has clothes to relieve him. Unless
he has got raiment, Le. unless he finds clothes quickly. It is as a nut
without f rnit, Le; it is a tbing which is according to the wisdom of judgments;
as the shell of the blind nut* without fruit is profitless, it is likewise profitless
to do these things. The promises should be adjusted, Le. the thing by
which the promises of all are to be estimated is the thing by which he Is kept to
his promise, »>. the tbing which he has, Le. the Brehon estimates every one*s promise
by his power tofidJU it.
If by his knowledge, orhj his iguorance, i.e. ^the plaintiff have
knowledge, and the saretj have knowledge, or the plaintiff have
Y not knowledge that the ' Beds ' which he promised on the occasion
' were not in his possession, it is npon the security of " 'arra'-gooda
1 for'anarra'-goods."» If the plaintiff be ignorant, and the surety has
;• knowledge o/the/uctf the thing which is pledged is paid.
\ That is, every debt which a man promises when he is in his
i rich condition, or he thinks he will get it from another, and if
I necessity should arise, or if it should be afterwards taken from him,
^ it is then it falls under " ' arra '-goods for ' anarra '-goods.*
1 In every case of debt which one promises who is not in a rich con-
dition, or which he does not expect to get, the ' eric '-fine is as he
! a blind nut; for it is of no profit to him who breaks it It is so with a person
\ who binds npon one a thing which he has not For no one should promise a thing
which he hss not**
« * Anarru ^-gootU. Vid. voL 8, p. 150, n. * Arra* means the thing promised or .
^ similar one, * Anarra,* a different thin^, as e.g. a * cup * instea4 of ft ' ^w.'
^
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38 XHn T^dcasoD ^ifatid.
Ok TAxxirooctrf nocha txmS a fagail -oo, octif fio pnjv in |iait, a Ice
LAWFUL 4 4
PufiBMsios. omtiil fio tiafcofv paiji co tof ocuf af .
Tllcrt fio bm aige in ran t)o fiinne in ctinn|icc6, ocuf t)0 ctiai'6
pfii •oettMfXitif , If ^pofieit afiT^u ana|ifvti, .i. in can noifccefi in
pa6,octif If -Doig taif pogebiift, no fvo nac •oetbifiitif iia6, a tog
wa chinD.
Tllaf in-oetbitiiiif fiuc ua*, no ni pii§be6 cia iio gell, ni gabuft
tog ncrt inn unfi].
In longoT) banT>cai5 bancojia a coibne coifi comafi'oa,
ajia naifc pinnfiitich pinT)ci5a [mamp fe fei tnbefia]
^o befic bjii afi bancofia. Oftba maine tner coifice
o ca each cinT) compocaif ; |X) lin maine mi'oi'oeafi o ca
hinT)tia CO hiap.imtia, inge cumal renojiba ; py mio^ FP'ian
jenichefi- pinnciu po|i cul cumcichefi; cfienib pne
■poslaigceap, ; gabul afca echrfian'oa; moD 'Oi ctiicce
cofiimota. Imca pfii cin compocaif, moT) "Don celLach
'Defiechcacti ; ache ceachfitume 7)0 pin'opne. Ofechcoec
T)eilicheafi co nach 'Dtichaig 'oo pine, ptn'oefi nf beip,
cin compocair, muna cmc qxeaba coitibeana'oaiv ITla
ctiic qxebaib comrlanaib conixonpac a pnncea7)a»
In tofigax) ban-Dcaig .i. eillgix; a mic ocuf afilngenain nf ipofi a|\
alfoc cayxti a maiiibtie, .1. meittsicetv na vnna cechctisaD tk) bfieicl) if
• * Coibne ^-property, vid. p. 81. Supra^ n. 1.
* UnUsi heheihe $ixth. This clause in the Irish is supplied from the lower margin
of ihe first column, in £. 3, 5, p. 9.
s Bind. In ihe MS. the letters a and I of * alfac ' are marked in r way which
I to denote that they should be transposed.
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OF TAKING LAWFUL POSSJBSSION. -39
promised, that is, when it is not in the possession of tho debtor, and Or takiko
it is not likely to be got by him, and tho Kccurity knew it, it is to pJi^SJioy.
be paid as it was bound upon him, with addition and increase. —
If he had it {the property) when ho made tho contract, and it
passed away Jrom him by necessity, it (t/ie case), is accoixling to
" * arra '-goods for * anarra '-goods ;" Lc., when the debt is fastened,
and he thinks that he will procure it (the tJiing pramieed), or neces-
sity has carried it from him, he is forgiven the value.
If it bo not necessity that carried it away from him, or he
cannot procure it though he promised, no value is taken from him
for it at alL
Heirs of females claim on rightful covenants of
equal value made with a female ancestor, relative to
' coibne '-property' for the fair-chief of the tribe con- .
firms the subject matter, unless he be the sixth.* Brigh
pronounced judgment on female covenants. Lands
are estimated by their stock from every related head ;
they are estimated according to the amount of their
property from the great-grandson to the great great-
grandson, except in regard to the ' cumhal senorba' ;
according to the size of the land it {the ^cumhal-
senorba ) is produced: The tribe property is claimed
backwards; it is divided between three tribes; an
extern branch stops it, if the five persons of the
* Getlfijie^zdivisioii perish. Except as regards the
liability of relationship, if the family become extinct ;
except a fourth part to the * Findfine.' From seventeen
Inen out it is decided that they are not a tribe-com-
munity. The 'fuidhir '-tenant does not bear the
liability of relationship, unless there be five houses to
relieve each other. If there be five houses with '
complete stock, they share the property of the tribe.
Heirs of females claioif Le. their sou and their daughters ckim the thing
which the contracts of their mothers hind,* Le. the wumen claim to bring means
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1
40 T)in Ce6cti5<iD Tirana. \
Op takdto in t>efiann ax^ a|\ laefec na tntia oili a pT^ iuyxii. CC coibne coiix
LAWTUL com a TXT) a .1. amlai'o t^o coibifi-ociseD a coTnotvotisa'o |x>ti co|vaib -00
^*^"^'^*' |xei|i ioi|\. CC^xa naif c ptnrtf y^ach .1. if e in ftiiiit coicnemacti bif,
.1. ifi/xtm seilpni ife fonaif cef in cixion mafa ojiba qfiuib no fliafca
ho, no ifo tx)naifcof In peyxanT) mlo mafa v®r^<in'o cuca-o. ITIanip
f 0 f ©1 mbojia. 1. manap 0 in f^ifo-o petx if o betxiif in •oiba'o .1. monab
e in folfOD voyvoe^ o geilpno, in •oeiTvbpino vonaifcef coimgi an geilpnip,
ate ne6 TK) cmcpo|\ na geilpno. "Oo boyvc byvi ayi bancoyta .1. cet-
tach inT) .1. •00 b|xechoninai56'o -do byvig in poyiann a|\ ayi laofoc na mna ailo
a PT^ iut^a. Op-ba malne mof coifxce .1. in vofiann ai\ ap, meifem
oopoch a main amachaip, no maip a mochaip, .1. Ulaap. ingen Cobtaig
Cailbpes .1. pig eijven'D.
.1. 0|\ba qxtiiT) ocof cf^liafca na tnocliafi funn, ocuf TMbascro
fio •Dibaiji In mairhifi, ocuf nf foilicmfc ace in^eana nama*
Ocuf bqiait In fngean in feayxann tiili co piba octif co fxuba, no
a let gan fuba gan fitiba ; ociif coim-oe ftii|iiie |ie aifeac uaite
lojif .na|ie.
0 za cacti cin-o comfrocaif .1. 0 4a aif neif -oam vo •oiba-o cacb 0111*0
•oap compoicfiet) in vopann ; in goitpne uili poTjiboaanT), acuf in pepann
ml© -DO bpoich t>on ingin a -oualgtif bancomapbaif ; no o za aifneif
rnxm "oo •oibcro in an-o T>ap compoicfi^'o in pepanx), 5n tn^n, if ann com-
yvoin-ocin In pepan-o po na ceopa pinib. Vo lin maine .1. meifein-
nai^epmame in pep-ain-D po imox; na pin© lap n-Dibtfo nahlnRine. 0 ca
bin'Dua .1. na goilpin© .1. if lac p,o -oibDa an-o, no if lac comnoin-Dpcf
in popann. Co hiapmua, .1. na 'oeipbpine. Ingecumal f enopba
.1. ingi ap ace, aca ace tim an-o, atz in ciimal fenaigcep "oon opba fain,
fotema-D cip© •Dibai'o, ocuf a bich foic alaim pLatageilpne ac uppnaiDi
1 Oftqual vahu, — In C. 854 — the following explanation is given : "ComanTKr,
> .1. dicunt alii *comorbe/ Le. the thing which was in the poMession of the
mother is what the daughter claims, or the thing which the mother gives aud
bequeaths to her.**
« The fair chief of the tribe confirms. — In C. 853 — the following reading of this
gloss is given. " CCilicep ap 1 nai]-^ pmnp puch, i.c. the * Finnsruth Feinechuis,*
of the * Geilfine '-division, are as the five brothers, like as the five fingers of the
hand, each of them obtains the * dibadh'-knd of the other.
For it binds, i.e. no oue shall take unto himself to mahe vp the ' Geilfine *-
dirifflon any one of his tribe in general, although tlicre should be but one man of
the five brothers alive except himself, i.e. the son of the man who hits the *dibadh*-
land shall not obtain it, i.e. he is the sixth in relation to the five; he shall not
alone obtain the * dibadh *-land which his father holds, but the sons of his brothers
thtUl ahare it with him, but it slinll be divided among all after the death of the
man who obtains the lands of hi.4 extinct brother. The *dibadh'-land of tlie
deceased shall be shared by the sons of his other brothers, for the right to i(
1
i
- \
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OP TAKING LIWPUL POSSESSION. 41
of taking poeflesfiton into the land about which the other women made true contracts. Of takixo
Rightful eovenantt of equal valued relatire to *colbne*-property, lawful
&c., i.e. according aa it was stipulated that it shall be ad justed by compacts accord- *^<>8SEffliox.
ing to justice. The fair chief of the tribe confirms,* ie.itis the pleasant
senior, Le. the chief of the * gcilfine *-diviMon is he that confirms the one-third, if
it be *cruibh -land or * »liasta '-land, or it is he that confirms all the land, if it be
land that was given. Unless he be the sixth, Le. unless he be the sixth man,
it is he that will obtain the * dibadh Mand, Le. nnless he be the sixteenth (fie)
man removed from the 'gellfine '-division, it is not the *dcirbhfine*-dividon shall
confirm the power of the * geilfine '-division, but one of the five men of the ' geilfine'-
division. Brigh pronounced on female covenants, i.e. there was an
entrr in the case, i.e. judgment was passed by Brigh touching the land about which
tlie other women made their true contracts. Lands are estimated, Le the land
about which contract was made by her mother Main, or her mother was Maer, Le;
Maer, the daughter of Cobhthach Caelbregh, i.e. King of Erin.
The ' eruidh ' and ' sliasta '-land of the mother ia hero rtferred io^
and the mother had died and left no sons, and there are no
sons, but daiighters only. And the daughters shall obtain all the
land with obligation to perfona service of attack and defence, or
the half of it without obligation to per/omi service of attack and
defence ; and there is power over them to compel them to I'estore
the land after their time.'
From every related head, i.e. as I am about to tell concerning the^dlbadh'-
laod of each chief to whom the land belonged ; all the *■ geilfiue '-division here became
extinct, and all the land is obtained by the daughter m right of her female *coarb'-
ship ; or as I have to tell concerning the * dibadh '-land of the head (ckitf) to whom
the land belonged, i.e. the daughter, it is then the land is divided among the three
tribes To the amount of their property, i.e. the property on the land ia
estimated according to the number of the tribe after the extinction of the daughter.
From the great grandson, Le. of the* geilfine*-di vision, Le. it is they who have
become extinct, or it is the}' shall divide the land. To the great great-grandson,
i.e. of the *deirbh-fine '-division. Except the 'cumhal senorba'^, Le. * inge'
for * except,' I make an exception here, but the * cumhal ' which is reserved of that
land, the seventh of a * dibadh '-land, and this is in the possession of a * geilfine '-chief
is not more inherent in his ton than in all, as is set forth in the ' Corns Pine*-
law.
* After their /im*.— O'D. 421, adds here, "oc«|» if^ 6 ploit ^eitpeine naw)-
me^^e; and it is the chief of the * geilfine '-division, who binds it" (fMigu tk4
daugkUr to give back ike kuuU).
* The cumhal tenorba. — In C. 856, the following note ia added, which ia not
found in ahy other of tlie copies :
Except a *cumhal t s en o r ba, ' i.e. a chief head of a family who sustains the
companies attending the Icing and the bishop and who is substantial to bear liabili-
ties. When the ' deirbhfine ' obtains the * dibadhMand of the * geilfine,' all their
number present give the worth of a * cumhal ' of land to this man, and to eveiy other
head of a family whatever, one after another, who is not near enough to be one
of the tribe. The reason that it u given to this man is because be is bound t^
pay for the liabilities of the family. See also C. 2188,
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42 •Qin CedcajcrD Sifxma.
Of taxixo pui'D^i oca|* gofVTniC' Ocuf if e ctiic m atz an-o, tiaifx noco bia oomfvoin^
Pona^^ tutiT^iffDe, no noco bio ici|\ hi no copr -oib^a in pne nil© ; ocuf if of pn
- ' 5aba{\ cona beic in cumat cfenoriba no cofv T>ibDa in pne title.
"lTloiTtfeijpiii|inofbetficonibiiai*, '
*'CiiinalcfenoTibant ftiaill; \
" ITlic na Tjpri oecinainnci|\ caom« ^
** If mic aiDatcftaige imaTiaon ; \
•*piit)i|\ocnf Rotwiacslan, "*
" Ocuf 'Daop. pti'Diii, in f e^cmoro. ;
Po miaT>5T\ian gemdieT^.i.a'Dageinicfeicrotiaiflecai'Dinpefiainn
fo meic no i?o tcngeu. pinnciu foti cut .1. caingirep. •oachctif na
geilpne pofi cutti -oo cum n'oeifibpine a ctiic -oe in ccm comixom-DCifi be
fo naueofiapimb. Ttxenib pine .1. po-oeiligciix in •Dibcro icit\ na T^eofia
frfnO'i. t)eitvbpfnoociif lajipine octif in-opine- Igabtit af ca ecbcfianT) a
•1- If sabut If echctioin'o ctifctiafca vo geilpne in gabat T>a nofccarefx
in pep^nT) .1. in 'oeiTxbpine. ITl a-o t)i ctiicte .ifif aim fo mcco latv nee
ctiicpiYi na geitpne, if ann comfiQin'oiJiii in petuxnT) po na ceofia pfnib,
ociif n1 ptiit bancomafiba ann.Jlmca p|\i cfn compocaif .1. if
amtai'D fin acme fie bic ana^) a compocaif, naitv amuil comtioin-oic In
t>ibaT» If amUti'o icpaic tn cinoiT). TTla'D 'oon cetlacb .1. mat> ia|\
n'oejuxcb cellaig na H©'lp'"e af a ptvc, .1. of a pefvann, if aim com-
|U)inT)ce|\ be .1. in pefumn po na ceoyxa pinib. OCcbc ceacb|iuime t>o
pin-opine .1. nocon ptiil nt -Din-Dptne atoceacbfiama'D -do T>ibaD geilpne,
.1. in feifex) tvanT>T)©c. O f ecbc •doc .1. 0 ta na fecbc p|iu -oec anunn,
If on 'Deitigcefi lac, conad ■oticbais pne lOC o to fin omacb a6c T>iicbais
nTMX^ne. pai-oei^ ni beit\ cm compocaif .i.j;abla7Tili .u in poDoefx^
in T>a©TV oicinco, noco beip.enn anai-D a compocaif . THuno cuic cfveoba
coiTibeonoDaii .1. mona fwcboc cmc c|ieaba aia -oa coitiittn, .1. in ctiic
fvaicb ce'DOcb, ocuf manab ocpon ptaicb beic. ITla cmc Cfiebaib
comftanoib, .1. ma comtanaigceti, cuic C|\ebca coco "oaip, -oibin cuu
fvoit cecacb ; t)ia mbe cuic pe|i -oib ocuf cec •oin'oiltib o each p|\, beiiiiT>
cod •Dibcro ocuf cinavo oftaiti, omuit each nuixt^aiT), o biof 111 cuic )\aich
cecoch ocu octif o buf ac oen ptoich beic ; ocuf cechfiamtii cinaix> uftfuiiT)
1 * (7ormaef .*•— That is, sons who support their lathers in old age, or sods of a
sister.
• Seventh, The Irish of this passage is found in the left margin of p. 9, ooL 1,
of the MS. E. 8, 5.
• Three trlbts.-^C, 85G— adds ; " the three we mention here, Le. the chief, the
church, and the tribe."
• Except a fourth. — In C. 857 — ^where there is a running commentary on this
text, the following note is added here : —
<* Except the fourth of the Mnnfine ^-diTision, i.e. after the extinction of the
* geiliine '-division, so that their abode is desert, then the ' deirbhfinc ^division
obtains all their * dibadh*-Iand ; but the 'inufine ^-division gets a fourth part from
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OF TAKING LAWFUL POSSESSION. 48
when petitioning 'fnldher '-tenants and *gonnacs.'i And the force of 'except* Oy tAjoho
here is, becaose there is no diyision of this eutnhal^ or it shall not exist at all z<AwruL
until all the tribe shall have become extinct ; and from this is derived the ia^ng P<>S81Msiok.
that there shall be no < cnmal senorba* until all the tribe is extinct
Seven persons obtain, with trinmph,
The ' cnmhal senorba,* not scanty ;
The sons of the three first wives fair,
And the sons of the ' adaltrach'-woman likewise ;
A * f nidhir '-tenant and a fine * gormac,'.
And a ' daer-f nidhir **tenant the seventh.'
According to the sise of the land, Le. this is produced according to the
' nobleness of the laud as to greatness or smallness. The tribe-property Is
claimed backwards, Le. thehereditary right of the 'geilfine*-division back*
wards to the ' deirbhfine '-division who have their share of it when it is divided
among the three tribes.* The three tribes, i.e. the *diba(Ui*-land is divided be-
tween the three * fine -divisions, Le. the * deirbhfine'-division, and the ' iarfine '-divi-
sion, and the ' innfine '-division. *An extern branch stops it, ie. the branch
by which the land is detained is a branch that is hitherto extem to the * geilfine*-
division, Le. the *deirbhfine '-division. If the five, &c., Le. in this case, if
after the death of the five persons which are the ^ geilfine '-divimon^the land is divided,
among^the three * fine '-divisions, and in (hit ccue there is no female heir. Except
as regards the liability of relationship, Le. it is thus they are as regards
the paying for the crimes of their relatives, for as they share the * dibadh '-land so they
shall pay for their crimes. If th e family, Le. after the removal of the family of
the ' geilfine '-division out of their land, Le. out of their territory, it is then it, Le. the
land is divided among the three ' fine '-divisions. Except a f ourth« part to the
* find-fine '-division, Le. there is nothing for the * innfine '-division except the "
fourth of the * dibadh * land of the * geilfine '-division, Le. the sixteenth part From
seventeen,* Le. from the seventeen men out, it is then they are distinguished, so
' that they are not a tribe community from that out, but a community of people.
The *fttidher*-tenant does not bear the liability of relationship,
Le. the *fuidher gabhia '-tenant, &c., Le. the 'fo-dacr '-person, Le. the natural
bondman does not bear the crimes of his relatives. Unless there be five
houses to relieve, Le. unless he has five houses to relieve him, Le. the five who
have stock ccnsittinff of a hundred head of cattle, and unless they belong to one chief.
If there be five houses with complete stock, Le. if the five houses, the five
who have stock coruittinff of a hundred head of oattk, of each ' daer '-man of them
be complete; if there be five men of them each man having a hundred of cattl%
every one of them obtains hit thare of the ' dibadh' land and payt for the crimes of
the others, like every free native, t.e. when they have the five stocks of a hundred
head qf cattle and ars under one chief ; and they shall pay the one-fourth of the
crime of the free native, and the fourth part of the * dire '-fine of the native fne-
them of everything wiiidi is divided, both lands and *seda.' In like manner an
their orimes paid for.
• From teventeen. — Fh)m this out they do not obtain any share ; for the ' gdl-
fine*-division extends to five, the * deirbhfine *-division to twelve, the *innfine*-
^vision to seventeen i
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\
44 •Qin TZetcvcscco 6ifana.
Or TAKnro iciip ocuf cechjiamta T>if\e 'otita tififxait) tx) ma 'Dtiit. Con|ian^ac cf
LAWFUL pinncea'Da .i. ir caicnefnach nyxivan'otir cac T)ib "Duchaig pne a oeile.
P068Bai03r.
— Til tnac bfuroaf Ftntraga pne pii fo'o Ffiicnmeafa,
tnunab neapa pifi coibnear Tnachaiji ochaifi m ojiba.
llop^ba TTKichafi nitmcoifiche a tnic o plaichaib a ajiT)-
chimna- X)o aific a leach imuixfio 'Oo cum pne pfi gfitan;
a leach anaiU a pjx bfiechaib pi a peola poDlaigceaji.
pine 0 C11XC cobixamne. Hip cic 'Oo cepc compocair achu
ce|ic oixba mboaifiec 'oa fechc ctimal ; coma|X'oa ofiba
biocach mboaitieach ; o|xba \x>\i fee nimpaebaiii ; ap 'oa
fianapr leich 'Oip.e.
til mac bfia-oaf piiiiicif;a .1. noco ne In mac froxlaf Duicui^ pine
a maT^hafv uite, 11I if mo tia fGCcma«D cifie 'Diba'6.
THod o]\ba cfiuib no fliafrcr, no •oil^^^ui Txichaiii via fn5in af.
vuzhxiatCf If 'Dilef 0 pne -do macaib -oeof 01*6 ocuf muficaifxi,
cein beici oc fo^nam "oe, co a n-nibaT) no a n'oeifige o pne. TTlaT)
mac imti|i|io be|itif cecmuin-Drif, "oo uiijia*, if wluf -oa q\ian
tia no|iba fa vo, tiaip. befiaic mic na ntJ|i|iaT) anai-o; nioD
mac itnufi|\o ooalrfi ai^i, if let na no^iba f o T)o.
Pyxi po-D pt^icbmeaf a, .1. 0 pfx meifemnaigcoTv pne moitTii b€to
pxiciitif fllf .
.1. bancoma|iba pi f un-D ocuf fCfi ann achaf. ocuf fenarbci^x
aice |ie |ie, octif ^emoiD ail -oi a cabai|ic -oia macaib nl cibf.ea.
munab neafa piji coibneap, .1. manip nefa a coibnep in penamt)
TW macbaifi mna ■oorjliaiii, manib oyiba cjxuib octip ptiapca-oon marlnix lie ;
iiaifi mappe'D, befxai'o m mac fxann T>e po aicnoD cecmain'octjie nfina'oma
no a'Dalc)fiai5e<
» The true judffmtntt. In C. 859 — the following note is added here:—
** A female heir is here referred to, and her tribe are not bound to restore to her.
It is after her death it is divided between eons apd brothyrSi fpr if ^h^ tribe were
1
}
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OF TAKING LAWFUL POSSESSION. 45
maii*.i beast shall be paid to etuA o/them for hb beast They share the tribe Op takuio
property,Le.it is delightfully each of them shall share the tribe property of each i<AwruL
other. . ■
It is not a son that obtains the property of a tribe
in ground to be valued, unless the title to the land
be nearer to his mother than to his father.
As to a, mother's land her sons shall divide it from
the days of her public testament. But the half of it
reverts to the tribe of the original owner of the land ;
the other half according to the true judgments/ the
seed of her flesh divide. The tribe divide their por-
tion by just partition. There comes not by right of
relationship but the right land of a ' bo-aire '-chief
to the extent of twice seven ' cumhals ; ' similar are
the ' biatach '-lands of the 'bo-aire '-chief: as Poland
given up for a road and respecting which there are
obligations, it is to be restored ; half * dire '-fine is
paid out of it
It is not_a son that obtains, Le. it Is not the son who takes the patri-
mony of the whole tribe of the mother, Ae takes no more Uian a serenth of * dibadh*«
ladd.
If it be ^ cruib ' or ' sUasta'-land, or land appropriated by the father
for hia daughter out of affection, it is forfeited by the tribe to the
sons of the huahdnds]Teing exiles and foreigners, while they are
doing good with it ; they also have what the tribe leave vacant or
desert If it bo a son that a first wife bears to a native free>
man, the two-thirds of these lands are forfeit, because the sons
of native freemen bear {pay for) liabilities ; but if he be the .son
of an ^ adaltrach '-woman, half these lands are due to hinu
( In ground to be valued, Le. when it is truly estimated that the tribe of
the mother are cognixant of it
A female heir is here referred to who has had the father's and
Y the grandfather's land for a time, and though she should desire to
i give it to her sons she shall not give it.
I Unless the title to the land be nearer,&c.,Le.nn]ess thedaimto the
^ land be nearer to the mother than to the father, unless it be * crudh * and ' sliasta '-
land of the mother; for, if it be $uck, the son shall' take a share of it according to
the nature of kU molher*» contract, i,e. whetker i&e 6e a first wife of contract or
an * adaltrach*- woman.
( ^••
^^
bound to restore the land from her, no portion of it would be giten to the tons
aftorward&"
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46 •Otn Cecctiscro ^tfatiti.
Of Tumro tlofiba machaYi tntincoiTtclie, .i.fn t»TWcnn a|\atiin«f©m co|iac1i
LAWFUL fi 1^,^^ ^ mochaitXi if tnoiii -do fieacti pjiif ciiitier;tia|i cofu CCm ic o pl*aic-
^ ^*"^^*' haibaafX'DTjIiiniTia.i.ba'oleaiTiacaibpactiic'oeonlo'DotvisneacitTma
CO hop.'o, .1. If Ut a maca o Ucitoib a baif .i. OT>.ba q\uib ocof fbicqpca
fVomnccnTt tfunti ainijil |uniiicaiT\ cmai-o tiomcnnT), .i. bcmcomatiba •oono
C 869. onSpu, octif m -olis [a pne ccof ic n-oi], moro neafa m pnticia tk) mctchcnp,
111 mic atv bancomaTibuf ma -oia ochitv, if an-o inat\bencrofcnT>e a pine o
a cip,c oomp.ani'De, at\ iffe-o a c©|icfOin a pn'oci'o no brveiuh crfv pine.
"Do dific a leach, .i. aificci|\ a let imuyitvo In pip* FT^^«*^ ^'« P**®-
Ocuf If e ctiic In imtififU) ann, tiaip^ pefxann na pine feo, ocnf otvba qititb
ocaf fiiafca jxomain'D, .i. if e cuic In iTnii|\|u>, noco naifcenn n1 -opeiiann
aachaTitw)biinalaim,octif aifcia pefvann 'oittif pen. CC teach anaiUt
•1. a let aili "do Yieit\ na pfibtieta no na pfibrtecheman. 8il a peola
po'olaigceafx -i. poT>eili5ceti eifeic -do fit a peola, -oa dlain-o. TTlac
ODalcfiaigi ujinoDma octif pne pn, ocuf-a yiotn-o op, -do eciifx|\it. Pine
c cip,c cobfiainne, .i. in pine tic -oia cumafioint) -do peip, ayvc, ocuf
ip fin a coibixain-D o pne ciTXx>afecc cumalTK) ingin in boaiajvech if
peiifv Wif C1C -Docepc compocaif, i.nlciCDOComoicfisu-o 'oe'coTveip,
6ip^ GCchc cefxc ofiba mboaijiec .i. a6c mcco peponn In boa)fie£,
•1. let nop.ba an acha|\ "oia Insin lafv n'Diba'6,cen floige'DfCen af , oen congbail
.1. cifvceitp^i fe6c carnal tvo bai oc an boaip^ if peytp- an-o. "Oa f ecc
camal comap.'oa -i. vo comaixDaige'D t^e "oa fedc "do cumaloib conat>
he pep^nn ^oa n-oenann in boaifxe meDonad, no !n boatfxe if caipa a
betttgoD. Let in op.ba in achap. "oon in$1n lap. nee inn achap,; con pnba
oenp,iibapn. Op.ba pofvpec nimpaebai|v,.i. pe^xann T)ObetMip,pop,
conai|v .1. ime aoo paebi]p,,poebpA la pne a cuinsiT) cucu, poebfiafi leifi a
cnf ec uaiti.
\
.1. pefiaiiTi T)o bep,a|\ ofi caiiait\ aific, ocuf aemaebdfi toif
in n na geiben-o fOfi fiat f tii'D|\e ; af 0156 eiftT)iue|\ lech eneclann
•DO neach, lecrch T)on ci -do beip., octif c|iian -doti n na cabaift.
Cneclann 'oon ci •Dombei|\ cinmoca in feife-b |icmT> •o^c ene-
I The erime, i.e. the * eric *-fine for crime.
' A feniale heir ^This gloss is an additiou by a later hand, and in smaller letters.
• The haHfofit reverts, — InO*D. 422, the following somewhat different explana-
tion of this is given : —
" But the one half of it is restored to the tribe whose property the land is by
— "^ right, i.e. it is divided into two parts, like every otlier 'dibadh'-land, when there arc
sons in question, and if there were only daughters they take the -one-half oiit during
their time (the term of their natural lives) with an obligation of restoring it after
Digitized by VjOOQ IC
OF TAKING LAWFUL POSSESSION. 47
A mother's land, Ac, Le. th« land to which claim is esUmated from the Op TAKoro
wealth of the mother, it b wealth to the person hy whom the contract is made. Her lawful
sons from the days of her public testament, Le. her sons shaU own *^08a«*K>K.
her share of it from the day that she made her will openly, Le. her sons shall own
it from the day of her death, Le. *cmbh* and ^diasUMand is here diyided as
the crime > is divided before, Le. a female heir* is here rtfemd to, and her tribe is
not obliged to restore to her, if the tribe property be nearer to the mother of the
son in female sucoession than to the father, it is then the tribe claim by their
right of partition, for It. is her duty to bring her tribe-propertyJiiJhe tribe.
But thehalf of itrerertSi'Lcbutthehalfbelongingto the owner of the land ^Ir. Of,
is restored to his tribe. And the force of the particle ' but' here is, because this
is the land of the tribe, and * crudh ' and ^ sliasta *-hind are rtferred to before^ La^
the force of 'but' is, that no part of the land of the father which was his posses-
sion reverts, but his own proper land doth revert The other half, Le. the
other moiety according to the true judgment, or according to the true Judges. The
seed of her flesh divide, Le. it is partitioned to the seed of her flesh, {.e. her
children. The son of an * adaltrach *- woman of contract and the tribe are here
referred to, and it is divided into two equal parti between them. Thetribeby
j a sr p artiti o n, Le. the tribe come to malce partition of it .*iocording to rights and
in tliis partition the tribe gives a land of twice .seven 'eumhals' to the daughter of
the highest *bo-airech*-chief. There comes not by right of relationship,
Le. there comes not of relationship according to what is right But the right •
land of a *boaire*-chief, Le. except the land of the ' bo-airo*-chief,
Le. half the land of the father goee to his daughter alter his decease, without
the urvieo of hostings, without rent, without refection ; Le. a land of twenty-eight
* cumhals* had been in the possession of the * bo-aire '-chief of best rank, in tUs
case. Twice seven 'cumhals,' &c., &c. , Le. it wss adjusted by twice
seven *cumhals,' so that it is the land by which the middle * bo-aire '-chief or
the lowest * iKMure '-chief feeds her. Half the land of the father devolvee to the
daughter after the death of the father ; this is withont the services </ attack and de-
fence. Land given up for a road, and respecting which there are
obligations, Le. land which is given for a road, i.e. concerning which there are
two obligations, an obligation upon the tribe to demand it back, and an obligation
upon her to give it up.
i That isy land* which is given for a road is to be restored, and the
t obligation is on the person who does not receive it for the stock of
I the < foidhir '-tenant; it is hj him half honor-price is paid to one,
half to the person who gives, and one-third to the person to whom
it is given. Honor-price to the person who gives it except the
their time, Le. the force of the 'but ' here is, he does not restore the land of his
father which he had in his hands (pccvpation) but he restores his own proper land{
or, indeed, their true land is restored to its tribe, and the force of the * but' here
is, for this is the land of the tribe, and it was * crudh ' and ' sliasta '-land we spoke
of before.
**A land of seven * cumhals' she had here and the half of it*^oe« to her sons, and
the half to her tribe, and she is an * adaltrach '-woman that is here treated q/I"
4 ImuL — ^Tliis commentaiy is found as a note on the lower margin of coL 2, p. 9,
of the tf a £. 3. 6.
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48 •bin Ce6ctiT5<iD fiifctna.
Of TAKnro ctaini)! •Don ci Txx rabaijfi, cinmota feifiD .1. ni pofiic ab|iec ?
PoflunuoN. ocuf a cabaifir amuil jio gab a^i poqiaice no aqxbiora .1. o^iba 1
gaibcefi o plait no o eclaif . be|iri initifi|\o, mtma^xasbar: ctii|i in '^
boncomafibaloifin pne ; bejici pne man fio ^aboc caift lea If *
imaebufi fin af "oa |ienaf\ ledDi|ie. |
CCf t>a ftanan' leicTi'Dijie .1. if affeic eiTintcbeTi let Ineich vo •
funch 'Oon cifx ^enedamn wp .1* let a cifxe ; a leat maiH af a co6uf • '
Cait in ifnaebuYi o 'oeifi onn ? .1. faebtifi laifin fngin octif
faebttf. laifin fine. 1ffeT> a 'oeifi 'oliged, faebufi laifin fine im
aific t)on ingin in aaip. na bi mac on-o cafieif in achafi, ocuf
faebtifi laifin ingm a aific a|iif T)on fine.
Sim paitisfe mbfiosafo mbjiui'DfiecTica in^fiai'De ape
com'Di'Oan coimiceach. fli 'Oifieanafi ia|X mo bi bltoDatn,
ache befaib poch|iticca, afinach cnecro beflan |xe mepxib
If 'Di caingean la feme. -
8lan paifvsfe, .1. flanci aich^na a i^eoifxa peTWtm'o on nbif ac
^ix-oechfin in bfiuis i>|\if na coifi •oifip, "om caiT> can aqia co iw> Ofa a
l\mT>iX)|\ a veop* 1n5riaiT>e ciixe, .1. ingriait) a htn-oi a comaictcin
in comaichdi ma ti|i, .1. t>a cnci no o ct\1 ecatvbal icit\ -do ceili. 11 1
t>ii\eanaYi, .1. noco noobul eitmicep. e^Tvic m-o iai\fi|ibit "oo 1 naician
ifin bliOTKiin cen aq\a coi\ afa a timx) ix>tvf m pei\ fin afxlf. CCctic
bof aib poc1it\ucca, .1. oic in pop, -do beifi ai\ poqfunc -do tveii\ bopefa
gnae no aibinT>, tiaipr ce beit nech a nmncin a pochyxeca cen a aqfva coyi
jxxfa a tiin-D po|i a peofi, noco lagairi -Dligaf a pochyxoic T)ic fiif. CCyi
nach cneaT) .1. ap. na6 coin hai veoifi beflan tie meifamnacc a aqfia
t>e aca "diuIcoi), conac coi|\ caingin inie 'do iiei|i m peinecliaif 1 .1. ici|\
cixeclic octif pefv ni hiccap, an aichgin adc wtie na gona ocuf fmadc
tffalf'dire''Jine,-'ln CD. 422-3, the following note ia added:— "That w,
half the thing which pertains to the land, i.e. half the part which is given to
her out of her land, by the tribe, or indeed it is half to her out of her land
property, i.e. it is out of that the one-half is paid by the per8«)u wlio gives, and
one-third by the person to whom honor-price is given, except one-eighth to the
person who gives honor-price, and one-sixth to the person to whom it is given,
so that it is two-thirds of one-fourth of honor-price that \s wanting to the person
to whom it is given, wliich is equal to the one-sixth of the whole.
** Full honor-price is givtn to one for purity and worthiness and property, i.ew one
half for purity and worthiness, and one half for property, both live cattle and dead
chattels. The one-half which is on account of live cattle, i.e. the one-fourth of
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OF TAKING LAWFUL POSSESSION. 49
sixteenth part of honor-price to tho person to whom it is given,except Or taxoto
one-sixth, i.e. its taking and its giving do not run like those of hired PossEsaioK.
land, or refection land, Le. land which is rented' from a chief or , "— ■
from a church. He (^«on) takes it, however, unless the covenants
of the female heir affect the tribe ; the tribe take it unless they have
verbal covenants. That is the obligation out of which half < dii*e '-
fine is paid.
Out of TThich hftlf <dire*-finei ib paid, i.e. it is out of this is paid
half the part of the land which comes to her as honor-price, i.e. half her land ; the
other half out of her property.
What obligation is mentione<l herel Le. an obligation on the
. daughter and an obligation on the tribe. What the law says is,
" let there be an obligation on the tribe as to restoring to the
daughter Virhen t]iei*e is no son after the death of the father, and an
obligation on the daughter to restore it {the land) again to the tribe.
In the *Bruighrechta'-laws it is guiltless to look on
cattle grazing on the jointly-fenced land of a co-
occupant. Nothing shall be paid after the lapse of a
year, but after the custom of hire, for every wound that
is healed by arbitrators is not to be settled by the Feini
It is guiltless to look on, i.e. restitution of the grass of his land need not be -
made by theperson who is truly looking on theland, for whom it isnot right to correct
it, if it remain without being claimed until the top grows on the grass. Grazing
on a farm, i.e. they graze the top of the gran in the land, the neighbour being
cognizant of it, i.e. for two nights or three unprofltably on thy partner's land.
Nothing shall be paid, i.e. * eric '-fine shall not be paid for it after his being
cognizant of it for a year without claiming, until its top grows upon that grass
again. But after the custom of hire,' .e. but the grass which he lets for .
hire according to the good or pleasant custom, for though one should be cognizant of
the hire without claiming it until the top grows on the grass, he is not the less
entitled to have his hire paid to him. For eve ry wound, i.e. for eveiy damage
to grass that is repaired by arbitration cannot be further sued for ; * de * is a negative,
so that there is no further claim for it, according to the 'FeinechusMaw,* i,e. as
regards^ wound and grass, compensation is not paid, but the * dire*-fine of the wound b jp, ^^
and 'smacht '-fine. Itoeen.
honer-price, one-fourth for land and dead chattels, the half of that for land abns,
so that it is the one-half of this is given to her, i.e. the sixteenth part Or, indeed,
it is a balance that U ttmeh between land and dead chattels, or the one-suLteentb
for dther unless they are equalized according to arbitration.**
s Bta qfier the custom qf hire. In C. 859, the following note is given:— *'B at
after the manner of hire. The custom of this is; whatever is contracted is
enforced, but if no contract has been made, no payment is made, so the trespasses
in the case of co-occupancy, unless they are claimed for within the year after the
trespass, shall not be enforced.^*
• * Feinechui'law, That is, whatever is submitted to arbitration and decided by it
must be considered as finally settled. There can be no further appeal to the
* Feinechus*-law.
VOL. IV^ ' • F<
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60 *Oin Cecctisat) 8ifaria.
Of TAKoro J. tia cneroa -oono, tnunab actificutx i\ia flainci, ocof m fio
PotBwaov. B^^ "oeitbifte, ni hicaji qptcb^in acu colonn ejxic nama.
— ma fvo |X)Uai5eD in -peaii an oq^a cuix pif in paeft eile na
inert, If "Dilfi na hai aiubgina, ocuf caific in ftnateaif in ni pn ;
oca efiic a fx>5la "oo -out a fiuixoo o •ouine, ocaf if on-o ccca aicbgin
vo uuicim o 'ouine ufie na paill.
.1. If eao fuil f unn, •otiine fio bai a nai-oicam pogta comiceafa
vo 'Denom ffiif , octif fio bai a faiU gen a caqva cofi f af a pefi ;
fcuaifi niei6 ffiif , ocuf ni biccap, aichgin, ocuf if e fin aen tnea6
an'oilfigeann aicbgin o -otiine a faill -do 'oenam, ocuf nf biccap,
ocbp^iif ifin faill.
Sifi each fen'Dli5e'& cacha c[iice con'oealg. In can
If 'Dicom'Dels each cfiich, if anT) beiiap, each T)i5eanT)
CO jiig.
. Biji cacti f eo'Dtigo'Oy.i. ifotcnn ca6 feiroeitigu'Di cad ^oilisa-o -oib
fo fif tve ceile, no ca6 •olige'D fen -oib fie ceile, no cac ■olige'D t>o iveip
na fon. In can if 'Dicoin'oeilg, .1. In can na bi bfieichem ac in hxry-
•bai'ono ac in peidiemnin coicfieT>a. If anty betxatx each tiigean'o co
t^i& -I* If ann betxcnp cocli T>icenn ctnoDaif octif bfieichemnaif a|i amof
in fMs>tiai|i If aici if -0015 In cotnceafacb tiobicb. *0i5eanT>s .1. na
^Kisdbafi "Da gleoo.
Hi fiig laif na bioD jeill i nglafaib, 'oo na cabafi
chif flocha, vo na eifiene7)ap, fetch cana. In can
Setbitif tn |it5 ma mama fo, tf an'o vo jianaft 'Otfie fitg,
5en gae, gen eafbjxoc, can etftn'Oiittctif ffit a chttacha.
/
/
Til fiig, .1. noco 1115 If futici Tvif moni n(x^>ac seilt aice fie comallaT)
a fiise no a ceillpne. Ttacabap. chif plachoi .i* "oaenaiallnecra
.1. bfvaich. peich cana, .i.fmachc cana. tn can geibiuf in T115
.1. in can gaibef in moamugaT) no in gixeim a "oubn-anian. tiomain'o. 1
on-o "DO n^xnap 'oin®» .1. if an-o eipniceifi eneclann n^S "^o co comla
.1. na momoDUT) fa, .1. pall, ocuf cif, ocuf fmacc. 'gen gae .1. ini
bpeichemnuf, no im guvia-onaip, no im eifin-op-acuf -do x)enam "oo.
1 The vxntndt. The Irish of these two parftgraphs is found in the right margin
of eol. 2, p. 9, near the l)ottom.
^BU people. See Vallanccy Collect, vol. III., p. 69, for an attempt to trans-
late this and other passages of the Brehon Laws.
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OF TAKING LAWFUL POSSESSION. 51 • *;
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That m,a8 to the wounds,* indeed, unless they arc claimed for Of takiho \
before they are healed, and no necessity interferes, no compensa- Poaucssiox. \
tion is paid except body * eric '-fine alone. - -"~
If it has been neglected to sue for the grass until other grass
grew in its place, it is a ease q/* forfeiture of the compensation, and
a repayment of the * smacht '-fine for that thing ; the * eric '-fine for
the damage becomes obsolete ta a person, and in this case compen-
sation is lost to* a person through his neglect * Ir, FaU$
That is, the case here is q/"a man who was cognizant of the com- •^'^**^
mission of a trespass of co-occupancy against him, and he neglected
suing for it until the grass grew ; sacks are paid for it, and coni-
pensation is not paid, and this is the only instance in which com-
pensation is forfeited by a person through his neglect, and sick-
maintenance is not paid for the neglect.
Constant is every old law of every territory of
covenants. When any territory is uncovenanted, it is
then every disputed case is brought before the king.
Constant is every old law, i.e. perpetual is every old arrangement, every
decision of those which follow with each other, or every old law of them with each
other, or every law according to the ancients. When ancovenanted, Le. when
the defendant or the plaintiff has not a Brehon. It is then every disputed
case is brought before the king, Le. it is then every disputed case of crime
and judgment is brought before the king, for it is with him the $ohU<m cf evtrj
difficulty is likely to be. Disputed case, i.e. the thing brought to be settled. ' «
He is not a king who has not hostages in fetters,
to whom the rent of a king is not given, to whom the
fines of law are not paid. But when the king gets
these submissions, it is then the ' dire '-fine of a king is .
paid, if he is free from^ falsehood, from betrayal of his * ir. witk-^
nobles, from unworthy conduct towards his people.*
He is not a king, i.e. he is not to be styled king unless he has hostages for
preserving his kingship or his tenancy. To whom the rent of a king is not *
given, i.e. the rent paid on * daer*-8tock tenancy, Le. malL Fines of law, In, i
the ^smacht*-^fine of the law. When the king gets, i.e. when he receives
the submission or allegiance which we have mentioned before. It is then
the ' d i r e *- f i n e i 8 p a i d , i.e. it is then the honor-price of a king is completely '
paid to him, Le. these submissions, i.e. hostage, rent, and * smacht '-fine. Free from
falsehood, Le. respecting jndgment|»«ied^ or false witness hornCf or impropriety
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52
*Oiti X^tcascco Sifatia.
. Of tamho ^en eaf bfiat, .1. cen btvcrch na imafal; ocuf noco T>ti5cec1ia no bjiach
^'^ * noifn^aiijpoivacuachaib; tiai|i'oatw)ibn5'oib fin cnce> noco biccoeneclccnii
tviS'oooocomlan.
OCcait fechc pia'Dnaife pofi^ealloD ^ae each fiij;
fenoD vo rcoat) ap a naiiiLip ; cen pifi, cen 'olige'D, 'Oi'oe
ai|xe, inge max) caficefic; mai'om cachapaifi ; ntinama
plaichitif, 'Dtrce tnblecca; miUeaT) meara; feci
neorha. Ice fechc nibeocainT)le anT) \v FojxofnaT) ^ae
each jiig.
GCcai z f ecbi; pia'on aif e, .1. acaii; a fecbc afni|ilpi(n>nonfe poixgldf
a gae pop. In each if fitg. ^ena-o "oo f o-oa-o, .1. fencro na beclcnp
T)inip<y6 ttff a uafal tif. Cen pip.«i. im piacbaib cin-oci .1. cen cetic
Cen-otiseT), .1. im piacbatb eiccinT)i:i -do 'oamtcnn T>oib. 'Di'De ait^e
.1. CO bin-otistoc. Inge ma-o caTiceixci. inge a|i ace, aca acx; tlm an-o,
maT) afv coiticfin 'oligvo no, nocon inT>T.i^ecih eiftttm an'Ofoi'oe. HI 01 -Dm
cacbapaip. .1. ne comtln a p,e T>li5cig, .1. let log ened civeclinaif ai|te.
Huna.i'bet cano(n(]c,.i*go|\i;a'Dobit;1iina placbuff. "Oifce mbtedca
.1. •Difocoe .1. bich com lacbc .1. tiifcaitaf In ^-^cbca. H1 1 1 le aT) nt e af a ,
.1. ia|\ no ccnbf in,octtf miUciti. -Seot n eocb a, .t feotoro of in necha,
innatiba, no faaill becoon a|\bu|\T>o bicb am). Ico fecbc mbeo-
ca1nT>lfe .1. icicrc fo anuaf in fechca amuit calnnil mbi puyifon'otif no
IxnUfigef a gae pofi Sr\ each If 1115.
T^ofia sua oca moam 'oa pch 'ota pji each cuaich ;
-puiUeam gti na'oma ; fofigeall gupa'Dnaire ; jubp^och
afipchfiaic.
t^eofia 511 a, .1. ceop^a gaa eim if mefa inT>Gcbaf 'oia poix na Cttoc-
haib. pmlleam guna'oma.i. piiillem loiy;iT>ec1ira -do gabait ap,
gunafCOiTve^c, ocuf noco •ologap. a gabcnt a-6 a|\ v^T^nafcaipecc .1. log
•00 af a tva-o oca a na-omaim cm co be. T) a p 1 c h -o 1 a , .1. -do piglan-o -oia
PoTiseatt gupia-onaif e, .1. in gupiaDnaife •opotixsell "oo. ^ub-
txeacb ap-pocbfioic .1. na bpecha gua "oo b|\eich "oo a|v "oeiqieic
loigi'oedca, ocuf noco •otegaii ci-d a mbiieich an oifci.
» For *•»•«.— Vide VaU, Collect,, p. 90, vol. iii. (No. X.)
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OF TAKING LAWFUL POSSESSION. 53
done by him. From betrayaUle. Trithout betrayal of the nobles ; and it Of takmo
is not morelawfal for him to betray the plebeians. From unworthy con- I^WUL
d u c t , i.e. with respect to false decision of his law, or with respect to wounding or ^^^ov.
robbing his people ; for if he had been gniUy of any of these, he tthall not have the
honor-price of a king completely.
There are seven proofs which attest the false-
hood of every king ; to turn a synod out of their
noble ' lis '-fort ; to be without truth, without law,
' dide aire/ unless they {the demands, of the parties)
were beyond right ; defeat in battle ; dearth in his
reign ; dryness of cows ; blight of fruit ; scarcity of
corn. These are the seven live candles which expose
the falsehood of every king. .
There are seven witnesses, i.e. there are seven things as it were wit-
DcsMs which attest his falsehood against every king. To turn a synod out,
i.e. to tarn the synod of the church oat of their noble ' lis *-f ort (muting-phce.')
Without truth, i.e. respecting certain fines, i.e. without justice. Without
law, i.e. respecting ceding to them uncertain debts. * Dide- aire,* Le unlaw- .
fully. Unless, &c., beyond right, i.e. **nnle8s"for *but,* i.e. I make an
exception here, if it is after oflermg of law by him, it is not unlawful for him then.
Defeat in. battle, i.e. by an equal number in a lawful battle field, !.e. jialf his
price of honor is taken away on account of it. Dearth, i.e. to be without wealth,
Le. that famine should be in his reign. Dryness of cows,ie. failure, Le. to be
without milk, i.e. destruction of the milk. Blight of fruit, ie. after Its
appearance, and it is afterwards destroyed in the bud. Scarcity of corn,
i.e. the disappeiirance of the com, the vanishing of it, or a small quantity of com
being in existence. These are the seven live candles, i.e. these
above are the seven things, as if living candles, which expose or exhibit to view his
falsehood against every one who is a king.
There are three falsehoods which God most
avenges upon every territory; additional gain by
a false contract ; decision by false witness ; false
judgment given for hire.*
Three falsehoods, Le. there are indeed tiiree falsehoods for which Qod takes
worstvengeance upon the territories. Additional gain by a falsecontract,
Le. to recnve additional reward for a false contract, when it is not lawful to .recdve it
even for a true contract, i.e. to get reward by his saying that there is covenant
where there is none. Which God avenges, Le. for which God showers down
hisvengeance. Decision by false witness, Le. to approve of false witness.
False judgment for hire, Le. false judgments to be passed by him for A
payment or hire, when it is not lawful even to pass them gratis*
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54 •Oin T^tcoscro Sifana.
% Of lAmro OCcaic ceichfu na'Dm ncro f ecroax) cicro fioifcai'oeaii ;
I p^i!^ov. tnuT) pofi a platch ; mctc pop. a achai|i ; tnanach poiia
i abaiT);tilachp|iap.aileTnaT)anaena|x. OCfipopuartatce
^ ■ - ftaich, octir pine, ocor eaclap each fochap. ocur each
fiochaji pocep,T)ca|i pp, a tneampxt, ache ni poiiconjpa^ ;
apr ace ceop^a naDtnan'O afpa innftn naifcai'oreap. la
peine: cop, pojx meamtia eacalpa, cop. pop. pognatnue
\ *' . plocha, cop, pp paenleagachaib pine. CCp. 'Do innrai
■ plaich, octip pine, ocup eaclaip each cop, nacolcnai^cep.;
\ aji 'olegap, 'ooibptin) na be lobcaig cop., ap, T)ia mboD
lobuaig peon cop., ip anx) ni cinnraqpom ctip.ti a memotx.
CCp. ip annpom i nibp.eicheaniacc cop. la peine ctrip.
rpene. Ofp, ace cuip, cp.eineacha la peine each la peaji
'Dia tip,5aip.e, alaili 'Oia popngaip^e, ap. ap 'oo puiTDe aca
popcongaip, na 'Oup^^aip. inn fuiiT) concaaipe.
OCi;aic ceiT;1iT^i na'Ofn, .t. crcaic a cectiyvaii -do ni ponarom, octif
noco tiin'D|xw5cei\ otv|io eta fio gui'oeT) htd lac, .1. coji pop, memTtti 1 nec-
mcrtf a centi ; caichniistc na ant) na cuixu '^m mani bee cota 'ooib, .1 iy*
omtoi'D pn aca, no Iman jmiacc -oic annjX) cen co hica|\ in aichgin.
010*0 |voiy»caiT>eap.,.i.cia|ioai\5ice|\pop.T^o. ITltfT) 'pofiaplaii;!!
.1. l^enpaiT) In plairh maT) ait leij^. Til ac pop. a achaip,, .1. pc oc.
IDanach poji a abai-o, .1. co p.a icac a cenna, .1. aip. i|^ tnx)|xi •oc;i
memotx cacbca'o in clnx) gaibi-D ima polca -oib con'oapagboc a ppi^potca.
U tach .poi\ ap.ai le, .1. -oaig y^enpai-o ime» .1. ulacli bi|*ceii pavnti a-o
1 macaipe beic if amUcm pn biaj^. CCp poptia|*taico, .1. nat> bo^
fnachca^ cen cobacb -ooib 'oib, iiaip popuay^laice^ cac cop "oo gnioc.
Cacb fochap,, .1. copcomloigi. Cach nochafi, .1. 'oiubaTica. Po-
cep.'Dcap pofi a meamp,a.i. a'oacupcap.pop.a momofutnechaibt
|X)|\ a memfiaib ; ci-o "oono ap na caitmesoaij^ no na j^enpa-oii* in ctin'opaT)
<D0 'oen'ooip jvlu box>6in. GCchc 111 popcongp.a'D} .1. ace 1n1 fX)iicon-
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OF TAKING LAWFUL POSSESSION. 55
There are four covenants which are not binding Of takiho
though they {the parties) are proceeded against ; that po»k^wk.
of a bondman with his chief ; of a son with his father ;
o/^a monk with his abbot; of an 'ulach '-person with
another if alone. For the chief, and the tribe, and the
church, will redeem {rescind) every good contract and
every bad contract which are made with their, sub-
jects, except what they themselves order them ; for
these are the three defective covenants mentioned by
the Feini ; the covenant with a subject of a churchy
the covenant of a servitor of a chief, a covenant
with fugitives from a tribe. For the chief, and the
tribe, and the church, may annul. every covenant of
this kind to which they did not consent ; for they
are bound not to be remiss about covenants, because
if they should be remiss about covenants, then they
do not annul the covenants of their subjects.
For in the j udgment of covenants with the Feini the
covenants of three are diflficult. The temal covenants
with the Feini are where one man commands it (the
covenant) and another forbids, for to him is the com-
mand who has not forbidden what he has heard.
There are four coTenants,i.e.therearefottrperson8whomakea€OTeiunt|
and proceedings cannot be maintained succeufuUy against them though they are
sued for it, viz. : — a covenant with subjects in the absence of their chiefs ; the
chiefs dissolve these covenants unless they have given their consent to the maimff
of them, i.e. it is thus it is, or * smacht '-fine is paid in this case, though com-
pensation is not paid. Though they are proceeded against, Le. though
they are sued. A bondman with his chief, i.e. the chief may repudiate it,
if it so please him. A son with his father, i.e. sic o& A monk with his
abbot, i.e. until .he pays for his crimes, for it is difficult for the subject to serve
the chief who receives from him his property, until he receives his returns. An
'ulach'-person, Le. because he will deny a// about it, Le. an^ulach'who Is
without a witness, even though they be in the plain, it shall be so. Willredeenii
i.e it is no wonder that they should not distrain them, for they redeem every con-
tract which they make. £very good contract, Le. every contract of full
value. Every bad contract, Le. frauds. Which are made with
their subjects, Le. which are put upon their dependants, upon their subjects;
why then should they not dissolve or deny the contract which they should make with
themseiT^} (tht chi^t). Except what they themselves order, i.e. but
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56 •Om TJeccuga'D Sirxxria.
Op takiko 5PA1C boDOtn 'Doib'oo 'oeniim fte nech aile, iiaiT^ nooo ctntngech ocxcntme-
ULWFui« c1ifiT)e( a(u orniuit "Dogenocc a ctninTicro pen. CCji ace ceop.a naT)-
PoMEsaioK. man^, ,^. qi^ ^j^ ^ixi ncromcmn inpti ponaifciceji -oa tiaifnei'oenii in
t^enechaf, ocuf if epbaT>acfi a ba a mait on ci -do n< lac. Co|\ pofi
nieani|xa eacatf a, .1. i necmaif. Coji po|\ pognamte placha, .1.
cunnixoT) "DO T>enani p,t|*in tucc bif ac pognam -oon f^la1ch. Coyx po|X
paenleagachaiby.t.cop.cuiiuaxvaixnapomnelo'DachaibblfDonplne. CCfx
'Domntai plaicb ocu-p vine,.t.tiaitvtmpai5iT>inplait;1i,ocuf ineclaiY*.
octtf in pine ca6 ctmnixccD nac xjotcanocb a niemmti, ocuf i|*e culc in
o|\ ccnx), iiaitx 1 T>i]bTunna|v TiomamT) aca cfii na-omanna efpa, .1. p^pic ,
' tilt* ici|\ |>octiaiT>e coTo yin, octii" in ci fio fxec a cuic -oe if -oiliif 1100 he,
•ociif in ci na tvo p.ec noco 'oituf ua-o be. CCfi -olesaTX 'ooib, .1. uaifi
^legoqfi 'Doibpttm nayx ab tencaig no na|\ ticcaig ac cobacb na co|i mn-otis-
cecb "DO nioc a nfiemaiyv, .1. nayibac liuncaig cobaig lafi pif cotv CC|i
'Diamba'D tobcaig* «i. afi •01am bcrc laebcaig putn no -Diamboc ticcais
cen cai'Dedc po na oofioib. If an-o ni cinncacf om, .1. if ann fin ni
cin-Dcacfuni, no noco renn-ooificn: af na cttiix t)0 niac a memcntv im
rai'Dedc pucbaib.
CC|i If annf cm, .1. tioitv if t>o na neicbib if 'ooil^i a mbtveicbemntif
na cofv -DO iveifi in penecbaif . C u 1 |v c fien e .1. culji cyii nech no cf-i nog.
CClaiti -Dia pop-ngaifie, .1. ac poficongaiTi a-oonma .1. anncuf-saijie- a
neni'Denma. CCyx if 'ooftn'oe aca poficongaiti, .1. ati if -do nia-
•Dcofin aca cona-o manx) t)0 neod ocuf tk) nei6 poficongaiTi a -oenma
mona T>eTvna ufigaifve a nenfi'oennia.
CCcatc cfti na'Dtnan'Oa la peine naX) |xoicheaT) 111
atiaicaiT)cefu ^Oijaib T>o Log eneach eijieach no reogaT)
nafom pop, neach \\o pinnrap, pojx tijipoqia ; naix>m
cop^tipa 501*06 la 50*00156 5in ni 501)0 po'Oepn ; pojiqioiT)
coibce pfii eochloiT) ; op, ocoic 'oo ochloi'O cop, la peine,
bean pp^ip cobop, coibce nai'onai5ea'D, ocup pep, T)o beip,
coibche mop, pp,i boi'Ops pop, no pcajio T)ilpi. CCjxo ace
* 7%« temtd covenants* — In C. SCO, the following note ia added : —
" Temal covenants, i.e. of three persons, i.e. three contracts upon him, I.e. with a
chief, with the church, and with an extern tribe, whichever it be his share is forfeit.
' ^FcrhidM, Dr. O'Donovan read as in the text the first syllable of the word
*anncu|i5ai|\e'; in the MS. there is simply * a* with two diagonal strokes over
it; the usual contraction for *n ' being a horizontal stroke over the letter which
< n • should follow. The reading would thus be ** ac nixsattie." The reading in
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OF TAKING LAWFUL POSSESSION. 57
what they themsdves order them to make with another person, for they are not ahle Or takixo
to dissolve these, but as they would their own contract For these are the p^'^^'^j^
three (2r/«c<it;e co Tenants, Le. for these are the three covenants which are con-
tracted of which the ' Fenechus '-law makes mention, and their * ba * j.€. their
good is defective from the persons who make them. The covenant with a
subject of a church, i.e. in the absence of ihe heads. The covenant
of a servitor of a chief, ie. a covenant which is made with those
people who are doing service to a chief. A covenant with fugitives
from a tribe, i.e. a contract made with the fugitives who are of the tribe. For
the chief and the tribe, &c., may annul, Le. for the chief, and the
church, and the tribe, abrogate every contract with wliich their subjects are not
satisfied; and the force of the ^for* here is, for we said before there are three
defective covenants, Le. a 'sed ' which is between (owned hy) many persons is here
referred tOy and the person who sold his share of it, forfeits it, and as to the person
who did not sell it, it is not forfeited by him. For they are bound , Le. for
it is right for them that they be not remiss or negligent in setting aside the unlawfol
contracts which their subjects make, Le. that they be not remiss In setting them aside
after knowledge of the contracts. Because if they should be re-
miss, Le. for if they should be negligent, or if they should be remiss, and not
impugn the covenants. Then they do not annul the covenants,
Le. it is then they do not set aside, or they do not abrogate the contracts which
thefar subjects make, by opposing them.
For they are difficult, Le. for they are among the things that are
most difficult in the judgment of the covenants according to the ' Fenechus '-law.
The ternal co ven a n ts, ' Le. tlie contracts of three persons or three parties.
One man commands it, Le. commands the doing of it, Le. forbids* the non-
doingofit For to him is the com mand, Le. for it is from that principle
is derived that it is the same to one to command its doing and to forbid its non-
doing.
There are three covenants with the Feini, which
do not amount to the thing stipulated It takes
from the honor price of a chief who sues upon a
covenant with a person who is known to be pro-
claimed ; a covenant concerning stolen property with
1 a thief, although he did not steal it himself; to give
too great a nuptial present to an ' eachlach ^-person ;
for there are two ' achlaidh ' covenants with the
JFeini, the case of a woman with whom the nuptial
\ present of a married woman is given, and the case of
* a man who gives a large nuptial present to a harlot
for her lawful divorce. For these aie the covenants
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58 *Oin CeteugcTD 6ifana.
Or TAKwo cuiii innf fn ncfOfioirea'D co qiian fvo fui'Disea'D amu- \
p^susmoK. bapraib cop, la peine. I
. CCchc tifigaixca coft la peine, ni 'Oileap ni gen aipil- ' j
iiti'D, a|x nach qiafoe ip eaplan fniai'O a coibclie, 'oligi'D ^
plan qiaite a txeiii bpeicheaman, achcuaip no uii^aitxc |
no egmachc. |
•' CCcaic r|xi n 0*0111 an'oat .1. no ni txMiat'Ofn T>a TicnpneiT)enii in pene- \
toff ocui* noco fio in'OfHUgei; mi In afittcepceD loct no fn a ywca ix>5aic. \
"Oigaib '00 to5 eneachi .i. tiigboiT^'oologaenecli in cniiecli in'opcngep . ;
KTO CO pif xto «ct6a 'oligenn, no if c[U)|H;aT) cetp, 'olisev* .1 . in cuTiipoqxaiT} ; ^
ciqpccic 111 pne t?o dofiaib, .1. pif pu|vpoc|\a ac ctvebuipi In tititiecT>oi|* ; no
S^n cmltmi'oecca a conn, ocvp ni nil ac veidiemum roichoDa ; cncfigin t>ic
no CT^biiifii, octip noco nlccafi ni tvipn ct^ebtiitii no co raifiipcatt In
cinccc6 Tlai-om po|i ne ach .1 nai-om -oo race -do cin-o inT) aen'oleojgai'o
00 nicann ; •otsbonD -ota eineclcnnn in meic jio -oibafcaiv t)ia cocbu|».
Dai-om coixuf a 501*06, .1. i-p eipinT>|U[cup a pif coifi -otit ac|\ebiii|ii
116 THbp in c|»60ic gcnci cayi conn In gcrcoi^i cin cob sercai'ol he boD^in.
.1. fli arjonn qxeabairve n, otit) rin,.oc«r ce va^v^^e^xji ^
Scroai^e nf tiicann x\i |ie pep, tne'Don l,a^ve Ion inn'oliscac, ace \
mnwa ptiil cfiebaip,e -00 pe 'oigbail a laini 'oic ppip. :
pofiCTiai'o coibie .i. iTnafiqfuxi'o coib^i T>on ci afi a noiUsicef^ afhuit
aijve po|v each, tiaifi if pof\ci\ai'6 ni fiia iT;ifi acz to5 a cenbai|\ no a cailte. ;
CC|X avaw T>a acbiaiT) cofi .1. oca t>6it>i ayi a neiUgiceTi oofi, amuiL
ai|ie potx ech, -oa naifnei-oerrD In penechaff , .1. -oa coi\ v^^cefXTKCicep, 4.^11
be6tacha. bean pp.ip cabafi coibce .1. In cuixnai'oni nlDnonoi 7p.l«.
Pep. T>o beifi coibche moti, 'I- bai'Ofecfica6becai'De,nocacb6n'oei|i5e
lonn, .1. u|vnaiT>ni cen impolca ap, acen-o. pop, n a f capa, .1. aaponaif-
acep a •Ditfi 'D1. CCp.a ace ctiip innfin, .1. ap Ire cuip inf in ocuf
noco po in-ofaigcep ch) co cpian na cop n-cligce^ Tto pui'oisea'o, .1.
• p,o famcnge-D, no po hop-oai^eD a nupan eipepcaib na cop T>a^naifnei'Denn
In venecbaf. CCcbc upgapta .1. ace na cutp up5;aipte fea amiaf -oa
naifnei'oeiin In voi^^<^^uf, uaip caichmicep utlo lacfai'oe, .1. acbc na
cuip, upgaipti foo, nt T>ilef cen ni -oon aip.iHiu'o -oo pacbail pfvi ciipu bet
•DO peipna peine .i.cpian. '^en aip.iltiu'o .1. noco t)ilepni iap.cen a
« Jn case oj poverty. In C. 2,742, * naif,' aa a degree of poverty, is distinguished
from * angbochCf ' * extreme poverty.'
• ^Eachlach-perion.* In C. 8G0, *hechla5h' is glossed ***mep.'opech,' •
^ woman to whom a * nuptial'-prcscKt is given, .1. if echtuig cop, inpn, she is
an •echlacb' of engagements then," 'Tnep-Dpech* is the Latin *meretriz.'
. Vide also, C. 2G4.
* Forbidden cotUracie. In O'D. 425, these forbidden contracts are said to be :*-
that of the son of a Uying father, that of a person without property, &c.
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OF TAKING LAWFUL POSSESSION. 59
t
which amount only to one-third of what has been of takcsq
ordained in fraudulent covenants by the Feini. vcmaGK.
Except the covenants which are forbidden by -the
Feini, nothing is due without deserving it, for every
property which is unsafe is entitled, after nuptial
present, to be safe according to the Brehon, except
in case of poverty^ or prohibition or want of lauful
power.
There are three corenants, Le. tKere are Mre« who make contracts men-
tioned hy the Feini, and they do not attain to the thing which thejr agree for, or
as to which they got a choice. It takes from the honor-price, i.e.it8ah-
tracts from the price of the honour of the chief who snes for them, knowing that
he is not entitled to do so, or it is fasting in excess of what is legal,* i.e. the •jp. Btffona
prodaimed person ; the tribe will oppose his contracts, Le. the surety in ' urradhus*- law.
law having knowledge of the proclamation ; or he being without merits in * cain*-
law, and the defendant has not hnoicltdgt thereof, compensation is to be paid by tha
snrety,bQt nothing is to be paid by the surety nntU the guilty person is apprehended.
A eoTenant with a person proclaimed, Le. a covenant which is made for
a fugitive until he pays ; it lessens his * eric '-claim as much as it subtracts from his •
wealth. A covenant with a thief, Le. it is impropriety /or one who has^ true ^ Ir. /»,
knowledge to go security for the lawfulness of stolen property for a thief although
he is not a thief himself.
The surety does not bind anything here, and though the thief be
apprehended, he does not pay to the fally unlawful middle thefb ^
man, unless he has security for the payment of the emptying of
his hand to him.
Too great a nuptial present to an *eae A lach^-pert on *l,t. too great
a nuptial present by the person of whom it is demanded, as ' a load on a horse,* for
anything given to her b overmuch, except the price of her head dress or cowL For
there are two *achlaidh' covenants, Le.thereare twoof whom contractsare
sned, like ' a load on a horse,* which the Fenechus mentions, Le. two contracts whkdi
are made with 'edilach'-persons. A woman with whom the nuptial
present is given, Le. the unlawful contract, &c A man who gives a large
^^ nuptial pre sen t,Lo. every secret woman is a harlot, or ever}' woman who deserts
her house is a strumpet, Le. there is a covenant without property concerning her. For
\ her divorce, Le. when her right is dne to her by contract. For these are the
covenants, Le. for these are the compacts which do not extend but to one-third of
> the lawful contracts. What has been ordained, Le. what has been settled or
( ordained in the scale of estimating covenants of which the Fenechus treats. £x-
t cept <Ae copenanti which are forbidden, Le. except the above forbiddeil
^ contracts which the Fenechus mentions, for they sire all dissolved, i.e. except these
/^ forbidden contracts,' it is not lawful not to have a part of the thing deserved under '
y* expressed contracts according to the Feini, Le.otte»third. Without deserrinf'
f i t, Le. nothing is lawful at all for which its full value has not been paid. For
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60 •Oin Cedcu^a'D Siratia.
Of taking ttia^ pota lofiloigi -DaTi a ceiiT). CCp, nach ctiai-oe, .1. each cfvaiT>i bef *
LAWFUL e^rlan tniah) a coboigi ctii|\ ocup ci]nT>atita. *OI/i5i'o ftan ctiai'oo, .1. i
foaMcaaioa. •oligi'ojplainciustisaT) a cp-aiT)] amuil \f x^yaxi "oo bjfveictieiiicrtn, tio amuit a
"oefva iti brtatchem a|\ a fieiiv. CCchc uaif tio n figai p.c, .1. cabaitic, .1.
naiT)fn pofv nech |vo pici|\ potip^qxa, .1. naiDm co|xiif a gaici la scccai'oe. ■
W 0 egm ach c, .1. porictiait) coibci pyvi lieclaig, traifi nai'om in-olistec pn, )
pcii|* noco nai^caic n!, .1. a|i eiart, no pat pifi qfienuf 1 mbectuo^ .1. coti
"oa ix)^!©!!!) CO ip\y CO cp,ebuiiii| tio •oono, co^\ pop, 1nen1p.11.
CCcaic tfii 'DonT) naT)m naifcai'Dre|i la peine T)tceaTi-
glcTD a -peiceamna : bean pfii cabap, coibche, inT)tcliLi5
f each a achatp. ; mcco aji 'Oiceall an achaji, ap ochatp,
aen 'oan in coibche pn ; cop, pcep'Dcaji peach aga
pne aTDa copa 'oo beich 05a ; cop paepnia pocepx>cap,
peoch pine nup^naige. dp. are 'Oona'Dman'O innpo 'Oicean-
^laT) a peicheamna naDaD copxi vo naTmiaiT)m.
OCcaic cpi -oont) nax)ni, .1. cpi na'btnan'oa ponai|xnce|i lecn -oa
naifnei'Denn In penecbup. "DiceonstaT), .1. -oi aca T>iutraT>, cona cen-
glob na iifvebtiipi na peicheamna "oapa recaic cent), .1. aa pocep.'Daicet^
w) onchbiafi. bean p|vi cabaTv coibche .1. manab comclneot, no
manab coibdi cechco, aT) .comceneoil. HlaT) a|\ •oidealt, .1. maD at>
poch 'Dichlein nai;haT\ -do necefv pin. CCp achaifi aen, .1. ij^taij* in
achoifi a oenpefv in coibci pini ocup if 'diIu|« in ben T>ono on ri 'oiai^aboYX.
.1. TTlcro fio pi'oqx in ingeon concro ap, -oaigdn 'oichle cm ccchafi
'DO gnecep. ponafom a coibce T)!, at ti|\p.uTinup no •oleipea'D m
rachaip, "oon coibce, rtiillre|\ p,ip -do pecaib fio -Dilpb na mna
pem, CO p,aib coibce comlan ann ; ocupcia -do ^ne in bean annra
fn'oleipoea coibce no tifip,tinntip -do coibce, ni hicann in uochaip
nf "oe; muna piT)iixiTntip,p,o, In in^ean com afx pat T)ichle -oo
O'D.426. "S^^^^^f bv] P^^" "^U <>ctip icait in ci "oo |iine in cuianai-om.
I Contract and covmant. In 0*D. 425 **acoboi5i ctinni]p,tu" is glossed thus:
".1. ima 'Dibuip.i; ainpepa no cpebutpe -do raitmiuch amtiit if iiia]\'DO
bYieichemtnn .1. in cp.ian cofi mbeU oc in pip cpeantip pacabap, in cpion.
Fraudulent contracts as regards ignorance or security are to be dissolyed as is the
rule with the Brehon, i.e. the third of express contracts, with the man who bnjrs
the third is left.*'
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OF TAKING LAWFUL POSSESSION. 61
every pro per ty, i.e. every property which U wiMle after her perfect dower of Ov takisto
coQtractand covenant.* Is entitled, &c., to be safe, i.e. her property is entitled i^w*^l
to be made secure according to the sentence of the Brefaon, or as the Brehon shall ..^^
say respecting it Except poverty or prohibition, i.e. a« to giving, te. a
covenant with one who knows the proclamation, Le. a covenant concerning stolen
property with a thief. Or want of power, i.e. giving overmuch nuptial .
present to a harlot, for that is an unlawful covenant, and nothing renders it bind-
ing, i.e. by violence, or the bar (batiner) of a man who purdiases for small value,
i.e. the covenant of two sane persons with knowledge and warranty, or according
to oiken, a covenant with subjects.
There are three covenants entered into by the
Feini which the parties who have claims* dissolve —
that ofsb woman to whom a nuptial present is given,
if concealed from her father, ( if concealed from the
father, it is to the father alone this nuptial present is
due ) ; a covenant which is made without the know-
ledge of the chief of a tribe, who ought to be present
with them ; a contract of adoption which is made
imknown to the petitioning tribe. For these are the
bad covenants which the parties having claims dis-
solve, and which are not binding.
There are three covenants, i.e. three covenants there are which ar6
fastened, as mentioned in the *■ Fenechus *-law. Dissolve, i.e. Mi ' is a negative,
t.s. the sureties do not bind the parties for whom they enter into security, ie. althoagh
it may be cast upon them as a reproach. A woman to whom a nuptial
present is given, le. unless she be of equal family, or unless it be a lawful
nuptial present though she maybe of equal family. If concealed, te. if it
be for the purpose of defrauding the father this is done. It is to the father
alone, i. 6. it is to the father alone this nuptial present belongs, and the woman is
forfeited by the person by whom' it is given.
If the daughter knows that it is for the sake of defrauding the
father the covenant of her nuptial present is made with her,
whatever proportion of the nuptial present the father is entitled
to, he is to be paid it in 'seds' out of the woman's own lawful
property, until a complete nuptial present is made up ; and though
the woman should commit a crime for which her nuptial present, or
a portion of her nuptial present is liable, the father pays no part of
it ; but if the daughter does not know that it was done for the
purpose of defrauding, she is guiltless, ai^d the person who makes
the contract of marriage shall pay.
* The parties who have claimi. The term * peideath ' means either creditor or
debtor. It is found also in the sense of an advocate or pleader. Here it seems to
mean the persons whose authority was necessary to render these contracts binding.
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62 •Qin Cecctrjcro Sifana.
Of TAKnro Cofi pocetVDcaYV feach aga pitie, .i. In cotxcaficap, fech in ogae
LAWFUL j>|-p.oon i^ine, .1. plaicli geitplne* CC-oa co|\ a 'do beicli 05a, .1. if cofin
^^^' a bich aca T)enani. Cofv pa©f m a .1. in co|i cntxcati fvifin mac paejpma
on pine, ocuf n1 eqfi pei-om gcofie o geitpine. •Seocli pine-nnyinaise
.1. fech in pkie bif ac isp,nonT>e a dncro. CCp. ace -oona'oman'D innf o
viceangla'D, .1. naifi if lac fo na na-omann ponaifcicefi accn ; ocuf -oe
aca'Diulca^, 00 na cengUcc na crtebuifii na peichemain za^i a cecoic cenT).
T) a'Dtt'D cofva, .1. noco coip. a ponai'Dm.
Leach cacha cec coibche cacha mna T)ia hoga pne,
mcro lafiTiejaib a acha|i, maT) he polo a chmaiT) ; qxian
TKWi ixxTiifDe, ceochfitiime 'Don cjieaff coibche. XTlaD
ctinif caiT)ec co ti'Deichbifie o ca fui'oe, conpslaijceap, a
comflechcaib peine ; ap, ica cuic a coibce cacha mna T)ja
haga pne, amail pil a omz a naboD bai'Dp'oe. Irpop-
ftrnT) 'DO peifi'Deap, bfieaca buain ocuf ambuain la
peine.
t/eacti cacha cez coibctie, .1. n1 beTvajx Info cafiab 'Dittif T>on mnai.
If oitie If Iflgti beT^aip, on mncn o mencntgcep. a lecuT), co^iab tugaiT)!
leiccefx ImaT) a onn'oiUe. "Di a h a^oc pi n e, .1. "oon ogae bif "oon pine.
.1. TTltina mayiann fn rairhift a let atq'^tini on aijo piiie, tio
lew lafifiai-d le ocuf tiftn 017)111 "oo comcbineol, ocuf qxian cinoil
te vo cum ca6 pip, ^uf a jiada ; ocuf a-o mfrifc vo niceafi a htip,-
tiai'Dtn |ie haen pe]\, noco Dlegafi cfiian cin6il le acr aen peacr.
TTla n)ai|ian5 iTnufifio 111 couhaiix, a let iap.ix) no leot alr^iitini
on ochocift, octif tifinaiT)Tn vo comcinol ; ocuf qfiian XTinoil^le "oo
cum ca6 pifi ^tif a fiaca yyil ; ariiuil oca a mbyieuaib efosiT).
> To the head of the tribe. — The Irish gloss may also mean, ' to the moet perfect
person who is of the tribe.'
9^ Tmoi^'tnarricige collection. — ^ TinoV was the collection of gifts which the
relatives and friends presented to the woman on her marriage. Vide vol. 2,
page 34G, n. 3.
s But once. That is, if she was dtyorced and aftenvards married to the same man.
In CD. 425, it is added that it is lawfnl to marry licr to the seventh person ; from
that oat, she is considered a * galjul baidbe.'
« Judgmenit of « Eidgtdh: Vid. vol. 3, pp. 88-97.
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OF TAKING LAWFUL POSSESSION. . 63
A contract which Is made without the knowledge qfth^ chief of Optakixo
a tribe, i.e. the contract which is made without the hnowUdgt 0/ the head ^^^ri^L
of the tribe, i.e. the * geilfine *-chlef. Who ought to be with them, Le. ...^
it is right that he should be at the making of it. A contract of adoption,
i.e. a coTenant which is made with the adopted son of the tribe, and it is not for tho ^
use of future maintenance from the <gcilfine*-division. Unknown to the peti-
tioning tribe, Le. without the tribe which b i>etitioning for the payment o/his
crimes. For these are the bad covenants, &c., i.e. for these are the
oorenanta which being made arc again dissolved; and *de* is a negative, i.&
fhe sureties do not bind the debtors for whom they enter into security. Which
are not binding, i.e. it is not right to fasten them.
Half of each first nuptial present of every woman
is due to the head of her tribe, if married after the
death of her father, if it be he that had siistained
{paid for) his criijies ; one-thkd of the second, and
one-fourth of the third nuptial present. If she
goes away of necessity from that out, it {the nuptial
present) shall be distributed according to the arrange-
ments of the Feini ; for a share of the nuptial present
of every woman is du>e to the head of her tribe, as
he has his share in the ' abad '-gains of a harlot. It is -
by this the judgments of every proper and improper
woman are known among the Feini.
Half of each first nuptial present, Le. this is not given until it Is
lawfully due to the woman. The reason that less is taken from the woman
because she has been put away frequently is that the quantity of her cattle is laft
fewer. To the head of her tribe, Le. to the head of thetribe.^
If the father is not living half the price of her fosterage ispcAi
by the chief of the tribe, or, according to otfiers^ she shall bring* * J^ ^'^
one-half priceof fosterage in marriage with one of the same tribe, and
one-third of the * tinol '-marriage-collection' to every man to whom
she goes ; and however often she may have been contracted to
one man, it is not required by law that she should bring the third
of the tinol '-marriage-collection wiuh her but once.* But if the
father is living, her half fosterage-price, or half the expense of her
fosterage is paid by** the father, in case of* marriage with one of * Ir. Frfm.
equal family; and one-third of the * tinol '-marriage-collection is * ^"' ^^^
brought by her to every man to whom she goes, &o., as it is set
forth in the judgments of * Eidgedh.' *
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64 t)in tJeccusa'D Sipana.
Of taking m aT) t ccji n egai b a ach at>i •!• In ci if nefa if cmn oca pn. TP aT>
PAnm^^ lie polo a di.inaiT), .1. mcro "ho m 1:0151 pne imptiiltisef o anwx.
'Xj\i%ax\ T)on catiif T>e, .i..af iticoibc1iiT;<maifce,.i.if incoibderccncnfce
If T)d nx»cm no beitiea'6 a crctioiyv ann ; octif if ai|ie if Itiga beiTveaf
btuxcocifi ol/oaf ochaiti, tioip. if tuga if •Diip.a laif tiTvail na titngine im
cf.iancinot'Don^eifciacocliuf iiaite. TTlaT) c«nifcaiT>ec.i.1mbaf,no
oofia no^afcaixa* .1. tiaiyv if ecuic in niacT:nai5ti,'DaniGrDrf\enahin'oeiT;1i-
bifiinf t)o neichea in cimfcop. na oifceba-o ti<rofijni m cucixuTna tk) beficro
•Don coibche. 0 ca f tn-oe, .1. o ca aifnif -Dam -oo nkroaifin, .1. rxm
in'Dfcticha'6 CO nT)eitbi|ie. Conpogtais^eaTVi o. if cain poDeiliscerilii
a cama floin-ocib In ponecbaif ima -otil if in ivoint) if nefx €Ct^ ica
ctiic a coibdey .1. afi crca cmc 1 coib6i ca6a mna "oon ogae bif 'Don pne,
amuitln cuic oca 'do an'oul cuf m mnai mbaicb cuf atio^aii xxcfi ap<r6;
ocuf If Of fin sabaiiv a bich -do conVn in aenma'o |vocnn picbic, tioitx ifeT>
fin erca t)o if m meiix-ofiig a n-otil cmci a|i eicin, ci-o meiix-ofve^ aeefv aT)
meifi'Ofvecb noro aeeann ; ocuf poT>ail/ eneclainni tk) po aicne-o a coiboe-
tadoif ma pootaib aili. OC cm^ .1. vo fmacbc If pofi f unT> "do
peif t-oatXi •!• If pofv *"ninn coofiifcefv b|\eta baoin ocuf ambaain na
mban 'otigtecb, octif ambuain na mbon nin'otigtecb. b a a 1 n , .i* match,
•1. 'DOgban. OCmbuam, .1. olc i*T>fiocbban.
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OP TAKING LAWFUL POSSESSION. 65
If after the death of her father, Le. in the case of him who isthe next Or takixo
]^et9onto the chief this hao. If it be he that had sustained his crimes, i^wruL
i.e. if It be the head of the tribe that bears the teeight of his crimes. One-third ^°^""'^^'
of the second, Le. of the second nuptial present, it is of the second nuptial
present her father, if living, would have had two-thirds; and a brother gets less
than a father*'T>ecause he is less anxious to command the girl respecting the third of
her 'tinol*-marriage-collection, if her propertj' is gone from her. If she goes
Avr ay of necettitif, i.e. by death; or is divorced; fortheforceof thedoubtiS|if it
be without necessitj she separates, it shall not take awaj from him the proportion of
the nuptial present which he would get. Fromthatout, Le. aslam treating of
this case, le: the going away with necessity. It shall be distributed, te.itis
fairly distributed according to the arrangements of the *■ FenechusMaw with respect
to its going to the nearest division. For a share of the nuptial present, Le.
for there is a share of the nnptial present of every woman due to the head of the tribe,
as he has a share for going to the lewd woman, to whom approach is had notwith-
standing notice ; and from this is derived the cuttom that he has it (a ehare) to
the twenty-first case, for this is his right in the caee qf the harlot, for going in
unto her by force, whether she be a harlot who sells or a harlot who does not
scU; and the honor-price is divided by him according to the nature of her relatives,
into other distributions. His s h a r e , Le. of the * smacht '-fine. Itisbythia
are known, Le. it is by this the judgments of the good and bad women are
passed, Le. of the Uwfnl and unlawful women. Proper, Le. good, Le. of good
Improper, Le. of bad, Le. of bad women.
VOIi^ IV,
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bnecccha coTnccit:hce«a ccmdbo.
JUDGMENTS OF CO-TENANCY HERE.
\
VOU IV, F 2/
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bueoccha comccirhcesa ccmtdso.
Judo- Cit) aji tt Ticibenqi comaichcer ? Cumosnaif anT>fin,
"(Sw^ ctP' ^^ ^^ ^r cotnaich jnair caich 'Dia fuxilt 7)0 lomiutn
tf^' fmacca octif cdiche ; ap,aili if comaichcef qx in ni if
^ ctima no do gaib aifxe f ixi aichech, octif atixcin'oecli ffii
bachlac.
btieacha comaichcef a .1. btxeitemnuf fo bep^xix vfntin cufncnt-
ecttp, umttn aitecu'p cumaiDe, no amun cumognap iifntin s^ay ctifnoQT>e,
.1. um cm ^ccttiga'D cumaiDe.
CiT> atv a neibenajx comaichcef , .1. cit) ap. a fvoncefi no orv a
ncnpiefoceti in caicechu-p ctimat'oe. Cum agn aif an-of in .1. snotu^oo
cvmai'oednnpn. CCyv in ni i|* comaich giiaij* caicli 'oiafvaiti .i* qt^
%y commait gnatuga'D cuic T>ibT\e c^ili. 6ma6i:c .1. na mdich. C6iche
.1. in piach "Duine caite .1. nfiuna n'oencayx ;;o ^b^cec in comaitcef
€C|vaili if comaichcef .1. gne eile if aitechuf cumai'oe. CCjx in ni
if cuma no vo gaib .1. aft In pat if comm6icc, no if cuctwima ^leguti
•Don aifve gpxn'D frlata a gabail |Mf in aifie sfvai'D feme, octif aitvcin-
pecli na ciU/i a gabail i^e badlach if in ciW^
Cai|a, — can fop,beifi coimaichcef ? OCil coma]xbtif.
Cia qiuchfaise? ConfianT)ac comafiba cecamuf a fian'Oa
ocuf a fealba, octif impen each X)ib fpi ap,aile, ocuf
vo beifi each 'Oib T)i5tiin "'Dia |iaile.
Caip^ — can f o|\beitv coimaicbcef, .1. comoificim canaf a poi|ibtio
in caitecuf cumai-oe. CCit com «t\btif , .1. af in £aoin otibw iioif, af in
feaiiann. Cia cT^tichf aige, .1. cm gne fi-oo. Confian-oac comayiba,
.1. If caom iifi|iannaiixna ooim6cai'6e o|ibu in pep-ann -oon c6cna Tiamuf
tium aifneif no innifin -oe. CC ixan-oa, .1. cip n-oibui-o. CC featba,
.i.peaTiann crchap, ocuf fonachuf.. Impen each T)ib p|\i apaite, .1.
•oib 1 naigi-D a c6ili. "0 o bei p. each T)1 b -oi 5 11 1 n , .1. geU -oa fcfieapall
|ie comaU/ in comaitcefa, .1. "oi po •Diulca'o, conach |ioi6 cm in-oili caich
w) cum a deib.
» Airchinnech. — ^The eteward of the church' lands, or the ccclcsiasticjd holder of
the chnrch laii^a* He iras a layman, but bad primam tonwrain*
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JUDGMENTS OP CO-TENANCY HERE.
Why is co-tenancy so called ? That is equal customs Jui«-
(* cumagnais '), because the customs are equally good Co-Twr-
for all reciprocally to levy ' smacht '-fines and penal- ^Ifl
ties ; or, otherwise, it is co-tenancy, because it affects
the chief equally (*cuma') with the plebeian ('aithech'),
and the ^ airchinnech '^ the same as the shepherd.
Judgments of co-tenancy, i.e. these are judgments thAt are paned con-
cerning the common tenancy, concerning the holding in common, or concemlkig
the common custom, the common usage, ieu concerning the common custom qf
luddimgUmd,
Why is co-tenancy so called? Le. why is the holding in common so
called or denominated. Equal .customs, i.e. that is common usage. Be-
cause the customs are equally good for all, {.e. because the usage
is equally good (^commaith*) for all reciprocally. *Smacht*-Anes, Le. -the
sacks. Penalties, Lc the fine for man-trespass, i.e. whU^ art impoeed, unless
the common custom (* comoithces *} is lawfully observed. Or, otherwise it is
co-tenancy, Le. another reason toAy it is to called it, it is a common holdhag;
Because it af facts, & c ., Le. for the reason that it is in an equal degree^
or in the same proportion that the chief of lordly grade and the chief of the Feini
grade are bound to receive it^ and the ' airchiuDech * of the church is to xeottve it
the same as a shepherd in the church.
Question — Whence does co-tenancy arise ? — From
several heirs. In what manner is this ? — ^The heirs,
in the first place, partition their shares and their
possessions, and each of them guards against the
other, and each of them gives a pledge of indemnifi-
cation to the other.
Question— Whence does co-tenancy arise? Le. I osIe whenct
does tiie common custom srise? — From several heirs, Le. from the noble
heirs enareatiig on the land. In what manner is this? Le. in what way
is this ? — ^T he heirs partition, Le. the landholders fairly divide the land
in the first place, of which I shall relate or telL Their shares, Le. their -
*dibadh*-land. Their possessions, Le. the father's or the grand-father's
lands. Each of them guards against the other, Le. each of them .
against the other. Each of them gives a pledge of indemnification^
Le. a pledge of two ' screpalls* to observe the law ^ the co-tenancy ; i e. * di * is a
negative, that thejine/or the injury done by the cattle of each would not fall upon
the other.'
• To the othtr. — ^Theie seems to be some error or defect in the MS. here.
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70 b|ieacha Comaichcera GCn'Oro.
jj^JJ^y Caifi — CtT) T)OFec a comaicer ? *Oopec fuxn'D ime.
Co-tec- Cach ime CO x\a fmdccaib, each caip^gtlli cona catche ;
— * ajv 1 tnbioc ftnacca ni bioc caiche ; i mbiccc catche ni
bioc fmioccca. Irn'Oingaib nai'om naefaib.
/^
Cai|\— Ci-o t>opec a comaicef, .t. oomoiTxam cit> i|» Tiemte^cadli
ifin ccitecliiif cnmai'De. 'OopecT^an'D ima, .1. if fiemredccngi'D tiam
1u>inninpetvonm>nain>eT>ot>enam. Cacli itne co tia 'pfna£t;aib,.i.cac
ime T^f in til finacccnstetx oga T>eiiafn, .1. tiomti nw claif , |X)c n^i cotiai-o,
btait tnfii t>ttifvime, p'oba pfvi pelma. CacKcaifigilli cona caiche,
•1. na niei6 .1. axt gelt iToiTXitnech no in pia6 'omne caite. Cona caiche
«i. sett TMc fcfiepalt. CCfi 1 mbiac fma6ca ni biac caiche, .i.fn
Uflcifv Viaf ml pna6caig6etx ann, In ticnrhu ocuf In foc pfii co|iaro, no6a bioo
fni vo bepap. if na cincaib .1. na mei£ no in piach t>iiine c«de. 1 mbiac
caiche ni biac fmacca, .u'in umfi bei; na niei6 no In pa6T>tiine-
chaite no6a bicro in Tunnafk ipfn cUnf ocaf in foc pfxi oofur^. 1 int>in5aib
n a 1 ^ m n ae f ai b , .Mf eim 'oingboicheTv "do Yiei|v nnopeopx cona£ naiT>ni
nofcaiTie mt |\e comattoD Hi comoitcefo, atz ma geall.
Caijx — Co'Dencajx coimaicef ? 0Ctifiati7)cati aile aji
cfieip; ni^aibra]! aile itne 'Dia ctiicci; iTnpoficinT)rafi
atle 'ota/oechmai'De ; incomallra[i 05 ime 'Oia tnif..
Caifi — Co-Dencofi comaicef, .1. coinaipcim cinnuf -bo nfchefi in
ccnteduf cumai'oe. CCn|ianT)ca|i oite a|i cpeif e, .1. nTXTvanncatiin
l?ea|\ann uma n'oencap in caite ap.cp4ip. Ingaibcayv aite ime -oia
cuicci,.i.5abu|iaiteT)0'Denam 1 potibucuictiiiime,ocufDatd'D6ib|iebtiain
pea^a. lnipop.cni"Dca]\ aile -oia •oechmai'oe, .1. t:i|\cin'oreifv im
nocc aite "oO cotiaCx 1 vopbu •oecmaide, cmmo^am c ip •Dp.aism . Inco-
mattcap, oj: ime "oia mip, .1. ccmlcmaigreii m Ime comtan \)0 copac-
cain a vopbu in nnf .
• Pledge* — * Targille ' here signifies a pledge of two * screpalls * lodged with «
neigbboar for the payment of damages.
* Cvmithttd in a month. — Dr. 0*DonoTan has made the following remark on this
point: — *' The language is here vcrv rude and unBatUfactorj'. It could be im-
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JUDGMENTS OF CO-TENANCY HEEK. 71
Question — ^What is the first thing in the co- Judo-
tenancy? — The division precedes fences. Every co-tem.
fence is liable to* legal conditions; every pledge^ to ^f—
damages; where the requisites commanded by law * ^' ^^
are observed there are no penalties; where there
are fines, the things commanded by law are not oh-
served. The new custom avoids security.
Question — What is the first thing, Le: I ask what comes foremost in
the common co-tenancy ? — The division precedes fences, i.e. I deem it '
foremost that the division of the land should be made before the fences. Everj
fence, is liable to legal conditions, i.e. ever}' fence should be made by
wliat the law commands, Le. a spade for making a trench, a bar for a stone
fences a hatchet for a strong fence, a billhook for a * felma *-fence. Every
pledge to damages, i.e. the sacks, every relieving pledge, or the fine for
man-trespass. To damages, a pledge of two *8crepalls.* Where the
requisites commanded by law are observed^ i.€u where the thing
commanded is observed, ».& the spade for a trench, and the bar for a stone wall,
the things to bo paid in for the faults are not to be given, Le. the sacks or the fines
f or man-trespass. Where there are fines the things commanded by
law are not observed^ le. when the sacks or the penalties for man-trea- . «
pass are dtte, the spade has not been brought for making the trench, and the bar
for the stone-fence. The new custom, i.e. it is well avoided by (ocoorcKn^
to) new knowledge that it is not the warranty of a surety that is given to observe
the co-tenancy km, but a pledge. _
Question — How is a co-tenancy made ? — ^It is di-
vided in three days for the 'stakes; the fencing is
begun in five days ; the fence is finished in ten days;
the perfect fence is completed in a montL*
Question — ^How is a co-tenancy made, i.e. I ask how is the common -
tenancy made? — ^Itis divided in three days, ie. the land on which the
stake (jMiZttacfe) fence is to be made is divided in three days. The fencing '
is begun in five days, Le. the fence is commenced to be made at the end of five .
days, and two days are dUowed to them to cut its wood. The fence is finished
in ten days, Le, it is truly finished as to its reaching iJu condition of a naked
palisading at the end of ten days, excepting the blackthorn crest at top. The
perfect fence is completed in a month, Le. the complete fence is
brought to its compleUon at the expiration of the month.
proved thus : Qussre — How is a farm of common occupancy formed ? — In three days
the land is marked out lor fencing. The fencing must be commenced in five days
(of which two days ore allowed for cutting the timber). In ten days the fences
must be set up and finished, with the exception of the blackthorn crest at top, which
must be completed a mouth after the work has been commenced."
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72 bfieocha Cornaidicera ClCnT)ro.
M^^p ^^n* — CaT)iac fmachuaimeoctircofnaicqral Smachca
co-^^- ime, fuxma p|ii cUxif, foc ffit copxxiT), biail pfii 'oaijiifne,
p'Dba'D p|ii peltnaT). T)aific cacha cfieifi ncroimcoiti
fiaiTi'De fu) feola paip,. Ceichfie ime T)o cmpn : clatr
co|ia, 'Dtiip.itne, i^elmcrD. CCfiaile, if 'oaific cachax^ieip
iKroimcoifi jxairToe pfii each nime.
Ascr.
Caifv— CaT>iac fTnacticaime?.!. comaitvcimcaDioccnanefcefmacc-
cngdefvac'Denaiiiiiahlmeif in aitechti|«cufnai'6e. 6machca ime, .1. if e
nl fma6uaigte|\ acu ac 'oentini na hime. pi^ba-o pyvi pelmaT), .1.
PT^if m xxtt mcnt, pp-if in nochcatle. Poif ocuf aifvlinian'Da co catvai-
coin ictti rocci'Din, ocuf tlgi 1 t6 ocuf fvuitiin ai'6ci, i?iad peip inx)rib
mil, oifilrim lai ocof txniiiiti ten, ocuf caifvpce aitci, ocuf aifvlim a!'D6i,tet
piach peifi in-Dcib mil. 'Dai|\c cacha c|ieifi na'Dimcoiji fvamtje
fio feoia paifi, .1. -ooitxc caca cfieifi tio metaf aifi, munub 1 1n rme
If eim coifv txi 7)0 txinne tini a txoinn. Ceichfve line -do ctiif in, .1.
ceitfie bime T>ifcnai5chefv no ta|i|itiifcti|i. Ctaif , cotia, .1. ctaif no
ca|\ti If in noccmacbaifie. "Omtiim©, .1. if in 6aill, .1. noccaile, no if in
let maiaiTie.
TTlcn) fei5 a -oeiii cm fefi amtiij, if ctiaille ctecmrach, ocuf
ife-d a -oeiii an fep, call nl xjeiina cin icifi, if nech T)ia mbi log
^ * FeU'^trespasfj Le. the Ij-ing down of a bemt in a field after being filled to
satiety. This was a definite trespass. All this is apparently misplaced. For
definitions of trespasses, vide pp. 124, 12C.
* 'iTutWif Wre«pas«, i.e. passing over fields. Sec p. 124, ei scq., infra.
' The manoutside^ Le, the suer or plainliif. Dr. O'Donovan remarlcs here, ** It
is very difiicult to express these ideas neatly in English. The following may con-
vey to the English reader a fair idea of the meaning : —
^* If the sucr says, * This stake has injured my beast once j it is unlawfully con*
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JUDGMENTS 01' CO-TENANCY HERE. 73
Question — What are the requisites comnmnded by jui>a-
law' offences and co-tenancy ? — The requisites for the *cTtc»-
fences are a spade for making a trench, a bar for a ^^'
stone wall, a hatchet for a strong fence, a billhook t^^'^^j^^v
for a * felmadh '-fence. A * dairt '-heifer is the fine for fi^
every three days that he {the co-tenant) has neglected
to make the proper portion which had fallen to him.
There are four kinds of fences which might be re-
quired— a trench, a stone wall, a strong fence, a 'fel-
madh'-fence; or else, according to others^ it {the fine)
is a ' dairt '-heifer for every three days during which
he {the joint tenant) ^ has not made the proper portion
of every fence. ^
Question — What are the requisites commanded by law of '
f ences? Le^ I ask what are the things which are commanded for making the -
hedge in the common usage. The requisites commanded for the
f ences, i.e. it is the thing which is peremptorily ordered for maldng the fence.
Abillhook for a *felmadh*-f ence, i.e. for maHit^ the good fenceCfal
maith^i i.e. for the naked fence. C Feis ^-trespass ^ and leaping orer fences, so
that they are caught in the morning and lying in the day, *ruiriu '-trespass*
by night, and the fin^ for ' f cis ^-trespass is paid for them all ; a$to* airlim '-trespass
by day and ' ruirin '-trespass by day and * tairsce '-trespass by night and * airlim '•
trespass by night, half the fine for * feis '-trespass is due for them alL) A 'dairt*-
heifer for every three days during which he has neglected
to make the proper portion, &c., i.e. a * dairt '-heifer for every three
days. that he fails, if it be not the fence which is truly right for him he has made
upon his division. Four fences which might be required, i.e. four
kindi ^ fences are prescribed or required A trench, a stone wall, i.e. a
trench or wall on the bare plain. A strong fence ie, in the wood, i.e«
a naked fence, or in the hali-cUared plain.
- If what the maB outside' says is, it Ls a stake of first faulty and
what the man within says is, it is not in fault at all, the com*
strocted, and I demand satisfaction for the injury,' and if the defendant denies
that his stake is unlawfully formed or fixed, or that it could have done any injury
unless unlawfully meddled with, then any person who has sufiicient honour-
price to qualify him may settle the dispute, and decide the satisfaction to bo mads
for the first injury done by tlie unlawful stoke, or declare that the stake is lawful,
and thst no injury* has occurred by means of it.
" If the sner says, * Tlie stake is unlawfully made and fixed, and has now in-
jured my beast for the second time, or the third time,' and tlie defendant replies,
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74 bfieocha Comatcticera CCiTOro. .
ittRT^oF ^^^®^^ ^^ aichgiTi |io bicTD ua-oa ina c6c cinaiT) ; cona •oefina an
Co-Tjc»- icifi, iflccn T)o.
AKGT.
Tncro f&b a jyexxi an pefi ocmtii^, if cuaiUe T)ecinra6 no qfiectn-
rach lie, ociif a •Dei|i in fCfi tall if cuaille c6canrac, if leirh fifx
no Icm pft -00 fcuf, let •oifie no Ion -oitie -oe ; ocuf airhgin trcrd
ina c^z anait, ocof noca ^abonT) 5|ieini ime T)ib cap. eif •otiifiime,
tiaip. UnccD T)tiillebufi in claif , ocuf biiip-o qiainT) an cofut6.
Cfnca 7)0 nioD na cetfia in c^in betayi ca faificfin, let a mbia
ma naifilmi if ef> biaf ma caififci, if 6 aifiec ceic in fiirh co 1111151
q[\t -Daipn, aniail aca fmadcaib.
CCi\aile, if t)aiTvr cacha ctxeifi na'Dimcoiix fvain'De f^ii
each n 1 m e , .1. gne eile, .1. if wntic ap. cacti cpeifi, mtiiiab 1 in poinT) if
«irh coip vo T)0 f.i§ne 'Dimi'6.
CiT) fcroa CO f o ^abtii'b •oume "oo laim nn-ofacam a coDa tk)
'Denam T)on connaicef, nocha nfuil fmacc faifi mtina 'oefina
fo^ail, ocuf -oa ntDCfina, ica eipic a vo^la. 0 gebuf imtififU), an
"oume -DO laim cmnfacam a coT>a -oon comaicef -do •oenam, azCi
fmacc fai|i, .1. Daific caca rfieifi, muna camic ; no ce uaini^,
nrnma •Dei\na inie ; no ce -do f.m'oi, mtina be a fiomn boDem po
imifcap. ; no cit) hi a ficcnT) bo'oein |io imefcap, intmab I fn fme if
coif, f o miefcap. ; no cn> hi in ime if coifi "do f im>e fnie, ma f o
ciiipefUttf, fen atli ocuf fen aifbe'o co cabai^xr raeba'6 ffiiu.
Ocuf in fmacc f m Die do co ceiiD mif , octif can ni Die o pn
amach co cenD mif aili. Ocuf ^eall Da fgpepall 6 cac coman&-
cech ap. Delgain ci§i a ceili f o cofaib a lepra \ie comalla^
Dli§ei5 an comaiccefa ; ocuf cfn co comaille, noco nc an ^eall
fin ctJicif anD, ace an fmacc a Dtibp,amup fiomamx), no meich,
' No, this is the firdt instance that it has caused any injnry,* the neighboars will
then decide hy compurgation, ivhich has the truth on hh side. If they deci(lo in
favour of the defendant, he shall make compensation for the first injury which is
technically called the first crime of the stake.
** Fines do not lie for injuries done by any of the other fences from the firm or
close wooden fence up, ' because/ says the commentator, * the folingp fills the
trench, and the trees break the stone wall.' *'
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JUDGMENTS OF CChTENANCT HERE. 75
pensation that is obtained from him for its first fault is for one Judo-
that has honor-price to decide ;* if no fault at all has been commit- mests or
Co-TkiC'*
ted, he is freeyrow* blame. anct.
If what the man outside says is, "it is a stake of two faults
or three faults," and the man within says, " it is a stake of fii'st
fault," it is half proof or full proof that removes half 'dii-e '-fine
or full ' dire '-fine from him ; and compensation is obtained from
him for its first fault, and none of these fences, from the strong
fence out, takes hold {claiim damages)^ for foliage fills the trench,
and trees break the stone wall.
Am to the trespasses which the cattle commit while they are
seen,- half of that^ne which lies for their ' airlim '-trespass shall be
for their * tairsci '-trespass, and the extent of its increase is to three
< dairt '-heifers, as it is in other ' smacht '-fines.
Or else, it U * *dairt*-heifer for every three days dnrihg
which he hat not macle the proper portion of every fence, Le.
another version, Le. it is a ' dairt ^-heifer for every three days, Qnle»8 it be the
division that is right for him, he has made of the fence.
Howeyer long a person may have delayed taking in hand to
commence the performing of his share of the co-tenancy dtUieSf there
is no 'smacht '-fine upon him unless trespass has been committed, but
if it has been committed, he shall jxiy the ' eric '-fine of the trespass;
But, from the time that the man has taken in hand to begin to do
his share of the co-tenancy dxUieSy he is liable to 'smacht '-fine, •
ie. a ' dairt '-heifer for every three days of delay, unless ha has
come; or, though he has come, if he has not made a fence; or
though he has made it, tUiless it be his own portion he has fenced ;
or though it be his own share he has fenced, unless he has made
the proper kind of fence ; or though it be the projMjr fence he has
made upon it, if he has put up old stakes or old poles, trusting
to them /or a /etice. And he shall pay* this 'smacht '-fine to* Jr. Pafg.
the end of a month, but shall pay nothing aftcnvards till the expira-
tion of another month. And each co-tenant ■ shall place a pledge of
the value of two * screpalls ' on one of the itick pins of each other^s
houses at the feet of the bed as secumiy for the fulfilment of the
duties q/* co-tenancy ; and though he should not fulfil them, this is .
not the pledge that shall be forfeited for it, but the 'smacht '-fine
which we have mentioned before, or sacks, or fines for man-
I To decide There is some defect in the BIS. here.
' Co-tenant J ^ comai'Dtcch * means also co- tiller, or co-grazier, or co-oecvpant.
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76 bfieocha Cotnaichcera OCiTDp*
Judo- tio pach 'Dtnnecaiclie f o aicnex) na jxjgla, tna jxo |xxf v<^5<*^^ ^'"^"•
Co^t^n' O^^V T ^^'^ aifim bif acu ac 'oencrni a cora T)on conmic^f no cm
AscT. ime, ]iaiha pii claif , foc vi^ cofiait, biail f|\i -Ddiiiime, p-oba pp.i
pelma. Ocuf afinac caich T)ib a larni a ceili if in aitce, co |io
ctimnigi letf ciaccam ayi inai-oin "do "oenam a coca -oon comat-
chcef ; ocuf in n na nucpa iflan a afinac -oo cairhem, ocuf v\a
coitcefi afinac neich, ora pad foim|iime tia6. Ocuf if e coi|i
• -Dennia na claf ac qfii cfioi§ti ma letec lafi ntiacra|i, octif "oa
rfioij a|i meton, ocuf Cfioig lafi niccap,, octif Cfii qixoijct ma
cofi'Dbe, ocuf qfif qfioijci a letec an muifi cuficap. aifci lafi
niduaji, ocuf -oa qxot^ a|i mefjon, octif qioig lap, ntiacrajx, ocuf
C|ii qfioigci in ai|XT)i in muip,, conax) f 6 qftoi^ue m ai|iT)i na clafach
ram ocuf in aifi-oe in mui|i af a anT).
1i» cofva imtififio, q[M cfioite mti letac ia|i ni6ca|v, octif thx
rfioi^ afi meotan, ocof qfioij lafv nuaccafi, octif f4 cfiotgci mo
1iaifi7)i.
In -oaniime imufiyio, if amlu-b "Dlecap. a 'oentiTh f\te ; bafiyi m
qioinT) ajx bun in c|U)inT) eile, ocuf cona utfa in ca|ic bee cfiiti
ap. tltiiti, na in "oam cafiatf ap. aiffoi.
Inodcaili If amla vUftayx ifn&e ; utioig co nT)il no|iT)tm lafi
jac Da cuaiUe, octif fe rtioigci ma haijX'oe, no -oa 'DO|in t>6c, ma vo
•DO|intiib coimifcaft ; if rpi bunchtiiix fatp, btmchtift faip tap,
nicuafi, octif apeile ap, nie*6on,octif ap.aile tap, nuaccap., octif a*
inp. ^acli T)a bunchtifi ; octif T)op.nn foc in chuaiUe o fean amvm,
ocuf ap, •opoisen faip, lap, nuaccap,; ocuf cp,f betniinT)a a cean-o
gacha cuaiUe coniap, na f dta ap, ciif amail coniccfa.
Inai5ai n-otetap, narnie'o pn .1. ctaif no cop,a* if m niachaip.e,
ocuf noccaile if in lecmachaip.e, octif Daipime if in caiU. Ocuf
ctirp^tima 1 nan\T)i tiile.
1 His victuals.— 'Tht word * apnac,* here tranalated, * victuals,' occnrs under the
forms ♦ eapanacli,* * etianach,* and * ep,nac, In a paragraph on co-tenancy, in
the "Ffainsruth Fithil," (O'D. loSG), where it is added, that if a man's 'epiiac'
be used ^' he is not entitled to compensAtion, nor to a line for over use.** The term
may mean the metal implements each co-tenaint was obliged to have for the
work of fencing. As a term for the ploughshare and coulter togetheri it is still a
living word in the south of Ireland.
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JUDGMENTS OF CO-TENANCY HBEB. 77
trespass, according to the nature of the trespess, if trespass Judo*
has taken place therefrom. And the imjJements which they ^[i^^f
shall have in making their shares of the co-tenancy worhy or ahct.
of the fence, are a spade for a trench, a bar for a stone wall, a "^^
hatchet for a strong fence, arid a billhook for a ' felma '-hedge. And
each of them shall give his victuals^ into the hand of the other
at night, that he may remember to come in the morning to do his
share of the co-tenancy work; and the victuals of the person that
will not come may be safely used, and if the victuals of any of them
be used, he shall pay fine for over-use. And th)3 true making of the
trench is three feet in its breadth at the top, and two feet in the
middle, and one foot at the bottom, and three feet in its depth, and
three feet the thickness of the mound which is placed over it^ at
the bottom, and two feet in the middle, and one foot at the top,
and three feet the height of the mound, so that the depth of that
trench and the height of the wall over it make* six feet. ' ^^« ^^*
Now as to the stone fence, tliere are three feet in its thick-
ness at the bottom, and two feet in the middle, and a foot at the
top, and six feet in its height.
But cu to the close-fence, it is thus it should be made : the top
of the one tree shaU he on the trunk of the other tree, and so as
that the smallest suckling pig^ could not pass through it for its ^ ir. The
closeness, nor the ox pass over it for its height. lUtUj^g,
The naked fence should be thus made : ifie lengtfi ^ a foot to the
articulation {or separation) of the big toe is to be between every two
stakes, and six feet in its height, or twelve hands, if it be
measured by hands j and three bands of interwoven twigs' upon it^ a
band on it at the bottom, another in the middle, and another at the
top, and a certain space between every two bands ; and a hand is the
length of the pole (t/ie interweaving) from that out,' and a black*
thorn crest upon it at the top j and eveiy stake should be flattened
at top by tliree blows struck on its head, after being first thrust by
the Iiand on the ground as well as you can.
The places where these fences should be are thuSy i.e. a trench
or a stone wall in the plain, and the naked fence in the half-plain,
and the dose fence in the wood. And the height of them all is equid.
* Band$ qfinUrwovtn twlgi, — 'banchoTVi* literally, *bQtt^settuig,* means a band
of osiers interwoven between the standards or stakeii
s For *amtiin * here which seems to make no sense, Dr. 0*Donovan conjectured
'GCfinnn,' and translated accordingly. Professor 0*Carry translated "o |^an
amniTi,** "above the wickerworL" The MS, BawUnson, 487, ioL 64 a, 4!oL 2,
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78 bfieocha Comatchcefa CCn'Dix).
1^«0F ^flf^ccchca caijigiUi each fiairt rap, fampxTb octif
MENTSOF
Co-Ten- ectififca|ia'D ocuf caomracc ; achcni cuma conitnaasaic
A2C0Y.
— octif ecapfcapxxr) fiarrocafi 'oono in bliaDain i rme pfti
fmachra, ap. ni copnail fmacca cacha ftaiche, arnifom
a fmachca saimpuacca octif eipjiach gpir^ ap. ifptriche
beo bechti coprha. T^jxei'Oib tniach tnicep, each neche-
tnain, tniach t nachlumpaip^e, letmiach ppi monai ap,
aip»lini ; bepa 'oe 'oap^caig ap» peif, ap, if feif each lige
cac cappai'&e, aip^lim ace na 'oeiLfec r\at caprai'&e, ace
capcai'oe atiT) la^x nai'te.
■ Smadca caitxgitli each fvaiti, .1. in tiifmaccai^efvcaixcenn na
figetl coifvitned each t^aite. 1 ciii i^ain^ia'D, .1. in ei\ic. OciifVf catva'o
.1. ini ecu|ipcatitij* fWf in getnip^ "oon e|\|iach. CaoniT:aic, .1. ml bif
inachoimi'oechc'De. Hi cuma conimTJiagaic octif ecati|*catiac,.u
ache n1 cucfitima ini bi]p ocoimi'oedc in geiniiii'D ^on er^fvach ocu-plni ecap,-
|»cai\iif iiifD©. TlanT>caTi T)ono in bltax>ain, .1. ufiTvannx^afX'Dono in
bliaT)ain a^v -od tie hic pnacca. CCxi ni coj^mait fmaica cacha
Yvaii:he» .1. uaifi no6a copmuit Ini pmaccaigceii an-o In each fiaite.
CCnnfom a fmachca gannpiiacTja, .i.ifoonanetib if innfanoif
annfaann mi fmaccaigtep. a puacc in geimtve. Gitvfiaeh $Tiit, .1
in tiaifi bif cviit afi nahmnitib ip in etifvach. CCx^ ifjvuiche beo
bechti .1. ai\ if iiaifle in) tk} bei)\ beata t>o na btiaib ipn gdiniTie na
1 Every quarter. — Upon thia Dr. O'Donovan obscn-es: — "A literal translation
of this passage could not be understood bj an English reader." Tho foUovring is
submitted as the closest that could be considered intelligible : —
'* ReUering pledges are ordained for every quarter of the year, both in summer
and in the parts separated from or added to it, but these parts are not equal, for
the year is divided in two regulations for the 'smacht '-regulations of every quarter
are not alike. The Umacht '-regulations of the winter, and the cold portion of
spring are more difficult, for living food is more noble than fniit.
'* Three sacks are estimated as the fine for trespassing on all rich land, half a sack
for pastured land, and half a sack for a mountain.
" Two ' dairt '-heifers are adjudged for lying down tatiated ofUr grating^ iw every
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JUDGMENTS OP CO-TENANCY HERE. 79
Additional pledges for ' smacht *-fines are payable ''™*-
every quarter* of a year, both in summer and in Co-Tdt-
the parts of autumn and springy subtracted from or — *
added* to ivinter; but the parts added and subtracted • ir. sepa-
are not equal, for the year is divided into two^^^i^--
parts* for regulating 'sraacht '-fines, for the ' smacht *- "^*-
fines of each quarter are not alike, because it is difii-
cult to regulate the ' smacht '-fine^ of the winter
season, and of the spring cold,^ for saved provisions
are more precious than growing grass. Three sacks
are estimated for damage committed by trespass in
cornland, a sack in pastured land, half a sack in a
mountain field ; two ' dairt '-heifers for ' feis '-trespass,
for every lying down is called ' feis '-trespass when
detected ; every detection is * airlim '-trespass if they
{the cattle) have not lain down, but detection therein
after a night.
Additional pledges for * smacht -fines every quarter, i.e. the
thing vhich is ordiuned for the relieving pledges every quarter of a year. In
summer, i.e. the 'eric '-fine. Subtracted, i.e. the part of the sprin;; whieh
is detached from winter. Added to, Le. that part of it which accompanies It
But the parts added and separated are not equal, i.e but the part
of spring wliich is added to the winter, and the part which is subtracted from it
are not equaL For the year is divided, i.e. the year is divided into two
parts for the regulation of payment of * smacht '-fines. For the * smacht '-
fines of every quarter are not alike, Le. for the thing ordained bylaw
- in each quarter is not alike. It is difficult to regulate the 'smacht*-
finesof the winter season, i.e. the thing commanded to be given as fines
during the cold of the winter is among the difficult things of law. Spring -cold,^bXr Shiver"
Le. when the cattle are shivering in the spring. For saved provisions are n^
more precion s, Le. for more noble b the thing which gives food to the oows
lying down when detected is a * feis '-trespass. It is an * airlim '-trespass if they
did not lie down. No fine for lying-down lies for any detection, except their bdng
caught in the morning."
> The gear u divided into two parts, — According to C. 23, the year was divided
into two unequal parts. The * Samfucht,' or warm season, comprises five months,
\iz., the last month of spring, the three months of summer, and the first month
of autumn; and the *6amfucht' comprised seven months, viz., the two last
months of autunm, the three months of winter, and the two first months of spring.
» Spring coW.— That is, during February and March, which were considered a
part of the winter, Seep«89rtn/^
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80 bjieocha Comaidicera CCiToro.
JoT>o- ml vo bei|V cop,a -o^ib ipn c|xnfnTvcr6. C|ieit>ib tniach mtceiv
*™™o' each nediemam, .1. ctiei-oe ryo miochaib ip "he n1 meifemnaigteti
j^jf^' ^ l»ipocuy»in aiTitim "Diguin peoifi e^am. THiach 1 iiachliifnpai|ie, .1.
'. p6tf otlumpuiiie peoifi etamuln cfGcmYVOca. tetmiach pt^i monai,
-.1. 1 nai|itini at^unipuip.e mona geimiveca fie ^isuin mona |*aniTxcrca.
beyia -oe •oaticaig ap. peip .1. btieitemnaistep. X)e -oapcaig -oa
'fpcpepalt ap, ceitpe miacaib, .1. 1 p^i|^ ^1511111 peoip etoinmn geimpeccu
iCfi If peir each tige ca6 uapp^ai'oe, .1. eipic peip poppii o
tappatgcep atro ickx ma lige. CCiptim atz na "oei t-poci .1. epic
aip.ltmeoppaaccTiapolaisii;ann. flat capcai^e a6c cafxcai'De
'an'D 1 ap n ai ^e 1 .1. noca cappa^cam eite a 'oeiptm epic peip oppu ma
tiaip^lim, a6c a cappaccam airo lafi moi'Din.
Ceichp,i ep,naili comafx-oa in comcndefa a niccajxlcmpad peifi,
.1. peif lae, ocup peip aitce, |\oip.e na liaitce, ocuf aifilim na
haitce, cona cofifxacrain an aip,lini on-o ap, mai-oin. Cetp.e hep.-
naile comaia"Da an comaice^xia nicca^xl^t piac peifi, .1. p.tii|\e an
laei, ocuf aip.lim an laei, raiyifce na haitci ocuf aip.lim na hai-dce,
cona cop,fiacrain an aifilim ann lap, inafoin. Let piach aip.linii
In laei a uaifipa an laei, no let piac rai^xfci na liait^ci a i;aip.fce
an lae, ocup ip f pin an aen hep.naili ceth^^anian.
Cetp^ meic a peip T)i§ona peoip, etamain geimp-era cap. Ian
{me,T)ainiacinanaip.lini,ocup miac ina caip.pci. TTlapi aclompaifie
peoip, etaniam ^eimfiera, no -ofstiin mona geimp^eca, no caille
^eimp-era, no atbtiaili* ^eimfie-oa, no 1 n-oi^oin peoip, etamain
cpamp.ai'6,'Da miac Ina peip, ocupmiach ina naip.lim, ocuplet meic
ina caip^pci. TTldp roclumpoi^xe mona geimpieua, no caiUe geim-
fiera,no acbbuaili-o 5einif\eca,no atlomptiip.epeoip,etamaincpam-
p,aua,no an-oiguin mona pamfiara no caille pamftaca, miac ina
peip, let meich ina pai^xlim, ceatfiaime meich fna taip,pci. TTldp 1
atlompuiyie mona pamp,ara no caille pamfioca, no atbuaili"D pam-
p,aca, let meich ina peip, ociip cerhp-uime meich ina pop,Um, ociip
i Enclosed felcL—On the term •^-oiguin,'' Dr. 0*Donovan, qaotlng an old gloss,
sa^Sf it DieaDt gross which was not to be violated, i.c. a meadow.
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jyDGMKNTS OP CO-TENANCY HEM. 81
In ivinter than the thing which gives produce to them in the summer. Three Judo-
SAcIurare estimated/or trespass in cornland,i.e. three sacks is the fine ""^ **'
estimated for • feis '-trespass and * airlim '-troepass in an inclosed meadow. A s a c k ^aiCY. '
in A pastured field,ie.for lying in a pastured field of grass land in the summer. ^, — .
Half a sack in a mountain field, Le. for leaping into a pastured field
of winter mountain land with an inclosed iield of summer mountain hind. Two
Mairt'-heifers shall be given for *fcis'-t res pass, i.e. two *dairt'-
heifers of the value of two * screpalls ' with four sacks are adjudged, i.e. for * feis'-
trespaes io apraperfy/tnced winter grass land. Every lying-down is ealUd
*f eis'-trespass, &&, i.c 'eric '-fine for *feis*-trespass is charged on them when th^
are caught there lying down. 'Airlim'-trespass if they have not lain
d 0 w n, i.e. * eric '-fine for * airlim '-tr&«ipass is charged on them if they have not lain
down. Every detection, but detection therein after the night, Leu
it is not for any other detection I say that * eric '-fine for * feis '-trespass is charged
on them for their * airlim '-trespass, but for their behig caught there in the morning.
There are four equal cases in* the co-tenancy in which full fine * Ir. Cf,
for lying down trespass is paid, i.e. lying down by day, and lying
down by night, . * mire '-trespass by night, and * airlim '-trespaas
by night, and their being detected in their ' airlim '-trespass there
in the moniing. There are four equal cases in the co-tenancy for
wliich half fine for ' feis '-trespass is paid, i.e. ' ruire '-trespass by day,
and ' airlim '-trespass by day, ' tairsce '-trespass by night, and
' airlim '-trespass by night, if they ai*e detected in their ^ airlim '«
trespass there in the morning. Half the fine for the ' airlim '-tres-
pass by day is dtve in the case of * tairace '-trespass by day, or half
tlie fine for ' tairsce 'trespass by night in the case of *• tairsce '-tres-
pass by day, and this is the only case of a fourth (t.e. of fcmrthfme).
Four sacks are due for ' feis '-trespass in a winter grass field over
a full fence, two sacks for ' airlim '-trespass, and a sack for ' tairsoe '•
trespass. If it be trespass upon a pastured field of winter grass land,
or upon an inclosed field of winter mountain land, or winter wood,
or an old winter milking place, or into an inclosed field of summer
grass land, two sacks are due for ' feis '-trespass, and a sack for
* airlim'-trespass, and half a sack for ' tairsce '-ti'espass. If t^ ^
tre^oass upon a pastured field of winter mountain, or winter wood,
or an old winter milking place, or a pastiu*ed field of summer grass
land, or into an inclosed field^ of summer mountain or summer
wood, a sack is due for ' feis '-trespass, half a sack for ' airlim '-
trespass, and a quarter of a sack for ' tairsce '-trespass. If U
he trespass upon a pastured field of summer mountain or summer
wood, or summer old milking-place, half a sack is due for * feis *•
trespass, and a quarter of a sack for ' airlim '-trespass, and the
VOL. IV. O
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82 b|ieacha Comatchcefa CCnT)ro.
^^^^>^: odcmcro meich fna cainrce. Occmcco an occmafo an each noen
MK5TS0P ' ' '
Co-Tex- ontnonT) tiansbtiii^, uaiji ongbaiia cac mil a comaicef . 'Caififci
^^' aen omtnanT) on atltinipaifxe inona fomfurca, cit) be tmx |ioife6,
In feifet jian-D lete aeti meich. If e aifier oca in fiic fin co jitiici
Cjfif fe6u nanman-oa -00 aen feilb a nT)tit anunT) rap, befinooaib
fafne ; octif maf rap. aen bejxnai t)o ctiaT)a|x, fmacc a|i fn c6c
annminy ocuf airhgin feoifi no a|\baip. ap, cac nanmann 06a fin
omach.
•Qa bai tn pat -otiinecairi cmnn cap, tern fmei octif bo octif
foihaifc rap. let fme ; bo map cin fme inp, ; a n'ofgofn peoip. ^eim-
p-i* oca fin. TTlaf 1 atloniptiip.e peoip. etamain geimjie'D, no
an-wsofn mona geimfU'OTio caiUe geimpi-b, no acbuaiti"6 geim-
' jMT), no an'ofigoin peoip, etamain cfanip.aca, bo an-o rap. Ian
fme, ociif rpi cetpomna iwp. let ime ; f amaifc maf cfn fme inp,.
TTlaf I ccchlomptiip,e mona no caiUe, no atbtiailfD jeimp^era, no
atltimptiip,e feoip, etamain pampaua, no a ri'oigotn mona yio
caiUi, no atbuaili famfxaca, f amtiifc on-o rap, Ian fme, ocuf a
ceopaceuhpxnme cap, let ime, colpa6 pe fcp,ipall map an fme
infi.
TTlafa atlompaifie mona no caille,no atbuaili f amp^aca, colpa^
.m. fcp,epall ann cap. Ian ime, ocup a ceofxa cetp-amna cap. let
fme, -oaiixc cecp,i ^xyxepall map gin fme icip,.
Oo fn fiach T)uinecaiti con-ocabap.cacli "oap, I ime, ocup
colpach fa\]\ no ftiip,e cap, let fme. XSa^x Ian ime ar «c na meich,
octip a let cap. let fme, ocup nocon pail nf maf cin ime iciji.
Txip Ian fme aca in piach -Duine caite ocuf a ceopa cetp.aime cap.
let fme, octip let, maf gin ime ici^x.
Ccmaf 1 ti^abtip, ceopa cetpxxime in peich -otiinecaiti ca|\ let
^^f^iVu/ton.— That w, the owner most make good tho grass or com destroyed
by tlie aniinal
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JUDGMENTS OF CO-TENANCY HERE. 83
eighth of a sack for *tairsce '-trespass. The eighth of the eighth is the Jodo-
fi)i€ upon evJry trespassing animal, for every beast is a trespasser cSSw'
in a co-tenancy. For the ^ tairsce '-trespass of one animal upon ahct.
A pastured field of summer mountain pasture^ whatever animcU
commits it, a sixth part of the half of one sack is due. This
extends* to three times seven animals of one herd in their going * Ir* Tke
over different gaps ; and if it be over one gap they went, there fglUdlikiM
is ' smacht '-fine upon the first animal^ and compensation for gi*ass nmU^tiUH
or com upon every animal from that out, '^ **' ^^
Two cows is the fine for definite man-trespass over a full fence,
and a cow and a ' samhaisc '-heifer t/* across a half fence ; a cow is
the fine if there be no fence at alL This is for trespctss in a pre-
served field of winter-grass. If it be trespass upon a pastured field
of winter-gi^ass land, or upon a preserved field of winter. moun-
tain or winter wood, or old winter milking-place, or upon a pre-
served field of summer grass-land, a cow is thefi^ne for it if across
a full fence, and three-fourths of t/ie vcdue of a cow aci^oss a
half fence ; a ' samhaisc '-heifer, if there be no fence whatever. .
If it be a pastured field of winter mountain or wood, or
an old milking-place, or a pastured field of summer grass-land, or
a preserved field of summer mountain or wood, or an old mUking-
place, a * samhaisc '-heifer is the fine for trespass on it over a full
fence, and three quarters of a cow over a half fence, a ' colpach '-
heifer worth six ' screpalls,' if there be no fence at alL
If it {tJie trespa&s) be upon a pastured field of summer mountain
or wood, or an old milking-place, a ' colpach '-heifer of the value
of six ' screpalls ' is ike fine for it if across a fidl fence, and three
quarters ,ofa < colpacJ^ * -heifer across a half fence, a ' dairt '-heifer
of (he vcdue of four ' screpalls,' if there be no fence at alL
A cow is the fine for doubtful man-trespass' {/"across a full fence,
and a 'colpach '-heifer is ihefmt upon him or her {fhe trespassing
beast) across a half fence. For trespass committed across a full
fence ' the sacks " are paid^ and the half thei-eof (t.e. of the saeh),
across a half-fence, and there is nothing to be paid as fine if there
be no fence at alL
Whence is it (».«. t/te rule or precedent^) deiived that it is three-
quarters of the fine for man-trespass thai is paid for the trespass \
' The tacki. The teim is here technicaUy lued. It means fonr sacks of oats
and barlejr. Sec infra, p. 119. • .
s Jfan^trespoit.'^Thaii is, trespass committed by cattle with the coDniranceof, or
caused by the owner, or some person in charge of tliem.
VOL. IV. a 2
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A2CCT.
84 bfiecccha Comairlicefa OCTiT)ro.
Judo- ^^e, octif CO na |:tJil a^ let na tniach ? If af gabtifi, let in
C^Tejc- -peich 'Dtiinecaiti an itne ici|i, octif in leu eile ve op, fgctc Ian
nne ; maf a let ifhe puil on-o, cerhfiainie ofi fcach let line ; cabtiiti
in codonort fin a ftiille* in lete fail an imc, co na reofia cet-
fiaime fn feich 'DUineonti catx let fme.
tlocon fojabofi ndc nf vo no miacaib an fme, coifi no -oeifrti in
ran oca let fme onT), c4mat let na fiach -do bet aji a fgdcb.
Mocbon f uil -oetbiii fiaififo na aip,lime na caifif5i,na m^-oai Jti
na laigDigti "oinnili a leicb |xe T)tiinecaicbi ; ocuf ara •oetbifi
•Digoin ocuf atlompaifie, achaim octif anataim, ocuf aca TLetbifi
fme octif can fme. CCca a n-oetbeip, uili |ve miacaib.
01*6 fo T)e|xa in can if meich T)le5a|i ipn fo^ail co na fail nf
cm ime icifi; oc«f in can if fiafi-oainecaiti imafifto, cofail a let
f rte an ime icip,? If € in fdt fo-oefia, in coim(5c •oo o|\T)ai$ T)Ii5i
a|i na bin'oili dca ac fifi na nin-oili ofi]\o, ocaf inT)li^ec -opp,
an fefiain-D gan ime aigi ; ocaf coifvan co bet nf -do na miacaib
•DO in can na biaT& ime ai^i. Wocon fail a coimec T)li5ce6 imafi|\o,
ac fifxna in-oili o\i\iix in can aca ftach "oainecaiti aat, ocaf coift
ce no bet a let *aa6 an ime icift, av in-oli^cec •ofip. an fCfiainT)
gan ime vo bet aije, aai|i con|\anT>ac bait baegal eca|i|\a.
X)etbitv •oi$oin ocaf atlompaifie, ocaf aicbim ocaf anaitbini,
ocaf fme ocaf can ime a let fte fiai -oamecaiti ; ocaf nocon
fail 'oetbift feifi na aiptime, na fiaiixi*, na caifif a a let fie
fiach T>ainecaiti ; ocaf aca an •oetbip, aili a let xie miachaib.
If ann acaic na meich ofL^xo in inbai-o i\o fogaib -oaine lac
1 fleib no an-oifxain-D, ocaf fio fagaib buachaiU co-onac |\e coif;
One-cit/htk^^Tlm is wrong, it skould be ' one-fourib/
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laDOMENTS OF CO-TENANCT HERE. 85
committed hj going across a half hedge, and that it is only half Jupo*
'the sacks?' It is deiivcd from this, ^A^t/i^ half the fine for man- Q^^f
trespass is due when there is no fence at ail, and the other half of it ancy.
for trespass over full fence ; if it be a half fence that is there, there "
is a fourth of Hlie sacks* for half fence; carry that one-eighth,^ and
add it to* the half which is for the case of no fence at all, and it makes * Ir. /»
three-fourths of the fine for man-trespass across a half fence. odmiumto*
No poi*tion of ' the sacks ' is obtained without the fence, it is
proper for this i*eason, that when thei*e is a half fence, it should be
half the fines that are due for it.
There is no difference of ' ruiridh '-trespass, or • airlim '-trespass,
or ' tairsgi '-trespass, or increase or decrease of cattle with ' respect
to man-trespass ; but there is a difference of meadow and pastured
land, of profitable land and unprofitable, and there is a difference
of fence and non-fence. All these differences are observed with
i*espect to * the sacks.' .
What is the reason, when it is 'sacks' that are due for the
ti-cspass, that there is nothing due where there is no fence at
all ; hut when there is fine for man-trespass, that the half thereof
is due where there is no fence whatever 1 The reason is, the herding
which the law has ordered for the cattle is provided by the owner
of the cattle for them, and it is imlawful for the owner of the land
not to have a fence ; and it is right that he should have no portion
of ' the sacks ' when he has not a fence. The owner of the cattle
has not provided the lawful herding for them when he pays fines
for man-trespass, and it is in such case right that he should (lay the
one-half when thei'e is no fence at all, even though it is unlawful for
the owner of the land not to have a fence, for '' fools divide the
neglect* between them.'*
There is a difference between preserved grass-land and pastured
land, and between profitable and unpix>fitable land, and between
fence and non-fence,* with respect to fines for man-trespass ; and there
is no diffei'ence between ' feis '-trespass and ' airlim '-trespass, or
'ruiridh '-trespass, or 'taii*sce '-trespass, with respect to fines for
man-trespasses ; and there is a difference between them all with
respect to sacks.
Whei<e they are fined ' the sacks ' is where a person has left
them (tfie ccUtie) in a mountain or a wood^ and left a sensible adult
* Vtd vol. 8, p. 805. ** Every Judge U punishable for his neglect**
s Non-fence, — The MS. here has * ca * with a stroke over the * a/ such as nsually is
emplojed to piark * 6*' The meaning requires that the word should be rend (is " can* "
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86 bfieocha Cotnatchcefa OCnT)fo.
Judo- ' no in cofmfe a "oeift -oliji op^fio: ffiotaft afi tia mti'caib; co6ott
5[JJ!^f im tia cefici ; bfio^a im tia^abivaib ; tifidoUfX) na samnaib; ae*-
AHor. aifie ag na caifiib ; baacbaiH oj tia btiaib.
If cavo oca in pat T>oin6caiti cin'oued, in inbait fio txxgaib icrc
a pajifwrt on gtii[ic |:eoip, no atibaifi, ocof cin-oui leif cona fiacb-
•Daif inn. If ann ccca in fiac T)iiine cain conncabaixracb, in
tiaip. If conncabaip.c leif in fvach-oaif .no na fxach-oaif im).
TTIa edit: rail lac oto f.if a cat^xfi a cabaijic fo qfif omacli,
If Ian fiach T>tiinecaiti ; ma caiu at p,ifi coififi-b a ratkii|ir fa
•d6. If -oa rp,ian an fei6 'otiinecaiti ; ma [lobaraji call a* jiifi
coijif e a cabaific aenfecu, if qxian in feich T>uinecaiti.
CC fail aca -Dianaighlis neime"6, nf het an cena, uinji -oaiivser a
caitmech an*D, ocuf 3a aji q[i! fecc nanman-oa fo cectioip, t>o aen
Cfeilb acd fin co na n-otil anunD fame pecc cap. f aine befino* ;
no ap, cpl fete nanmannaib fo ceuaip.T>o falne felba co nan^til
anunn aen fecc cap. faine bepna; ocuf T)ama6 cap aen bepnain,
nl bia* ace fmacc ap in cec mil, octJf aichgin feoip no apbaip.
vacha uili.
CC fail aca vnx\ p.15, lep mapcpa-b nf anblig, lincap, -Doipgec
ca6 'oepc -oon aicbt, v6 uip cac -oepc p,o caicmiti ann .1. a fon-oa
ocuf a falaD, ocuf uip, min a comaicinca cap a hei]^ ; ocuf if e
aipec oca in pic, co puici fecc nanman-oa vo aen cf eilb.
TxiitiplLe fhiacca caifice'O ctiica lap, pogail ua'Daib
I When it is a Ki^V ' dun ^-fort^ ^. — ^The text is obscure here, and seems
defective in the original The paragraph with some variation is given in CD.,
1674, as a commentary'- on the dause* *' Rooting the earth in distinguished places.**
■ A * Zm maHradh *-/ort.— Probably a churcliyard } * martyres * appear to have
meant* relics*. Vid. 0*D., 1674.
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JUDGMENTS OK CO-TENANCY HERB. 87
9Ji henlsmcon Mrith them, or the care-taking which the law requirea(» Judo-
over them ; a yoke for the pigs ; a hood for the hens ; ties of co-tksi-
leather for the goats ; a spanoel for the yearling calves ; a shop- ^<^-
herd with the sheep ; a herdsman with the cows. a Ir. /5by«.
The case where the fine for definite man-trespass is due is when
he (t/ie tresjxtsser) left them (t/is cattle) near the field of grass or
com, and he is certain that they wotdd go into it. The fine for •
doubtful man-trespass is dv^ when he is doubtful whether they
would go or would not go into it.
If they are within the field as long as that they might be driven^ > Ir.
out thiice, it {the penalty) is full fine for man-trespass ; if they are ^^^^ '
within so long as that they might be driven out twice, it is two-
thirds of the fine for man-trespass ; if they were'trt^im thefiM so
long as that they might be driven out once, it is one-third of the fine
for man-trespass.
When it is a case q/'the violation of a ' nemed '-person's church
or sarictuaryy it {fJi^fim) is not the same, hut an ounce of silver ia
Hhcfine for their rooting there, and this is charged upon 3 X 7 X-
4 (84) animals of the one herd [catJde hdongmg to one man) after they
have gone over the fence different times by different gaps ; or
upon three times seven animals multipliedhy four (84) of different
herds {poueedoni) when they have gone over once by different
gaps ; and if it be by the one gap, the ' smacht '-fine shall be
only upon the first beast, and compensation for grass or com frdm
the owners o/'them all.
When it is a king's 'dun '-fort,^ or a Mis martradh '-fort* that
is trespassed upon, let every hole made in the place be filled with ,
< eric '-sod,' so 04 to he tantamount with the clay of each hole that
was made therein, viz., let it be pressed and stamped with the ^
heel, and let fine clay of the same nature he placed there after-
wards, and the extent to which it runs, is as far as seven animals
of the same possession (herd).
The additional 'smacht '-fines for instigation are to
be paid m five days after damage^ for trespass without
* *Eruf-$od.^Tht Irish word which Dr. O^Donovan has tbtia translated Ii
* aip.5er,' the usual word for * silver,* even m the spoken language of the present
day. In 0*D., 1674, the reading is ' argat,* which appears to have the t
meaning, both terms being Celtic forms of the Latm * argeutum**
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88 bixeocha Comairhcefa CCn'oro,
J^^^ a caiche cen nai'Dtn naeixxib. 'gaimotisain mbjiuis-
Co-Ten- ^lechua 'Dtt qxittii a pochfiaice if e a fmacc
— — t^aifisille I'tnacca .1. anoro cfieip ocvf 'Oiiim ciii€i6i ipox^ in
fnnadc, .1. no naftnadca n^ifi cdfiivoa na sella coifiitnecha t}0 cofioicaifi
ap. CU1CC1 ; no in f)1 i^iaccaistep. i\e heifxic in cinftig flip ca|V'Da'6na gella
coi|\irhnecha "do cojiaccam uai'o a|\ cuicti, in can if athuil a cinog i:^n
'06 cin a jwib.
.1. in tjaip. If aihail a citiai* p^in v6 he, if ana6 cfieifi fofi in
fmachui octif 'Ditftn c^icdi. Ifi can if aiiiuil cinaig nfnbleogafn
imu|\fio, If oncTD ciiictn pofi in fmacc octif -oitfrn qfieifi po|i in
f macu. Ocuf if ann if aniuil a cin[ui'6] f em do an a f\uib, in can
.ora vil in cinaij if in fiob fein ; ociif if ann if aiiitiil ctnaig
mnbleogatn t)6, cac uaifi na f utl.
Cen nai-om naefaib, .1. cin naiT>m nafcoifie fiif t>o fieifinuapeafa
fie cotnall in comaitcefo. ^ai m o^x^ai n , .1. ofisum f n bfioga )vif na ooifi
•oiliSecai'De ipn geimjie. T)a cywan na -Desqieide, f macca uil ma peir ocur
ma aip,l1m, iffe* pml ina i^eif nama*
ipmacca caca fiaiuhe, ni cuma 'oono pnacc fampuacca
ocuf sarniftiacca ; ni cunia 'oono ciT) cac mip 'Oifui'Diu.
CCfbefiaix 'Dono fechc mifa 'Dib pfii fampuacc, ocuf a
CU1C fp.1 sainifuacr;; an tni 'oei'Oinach T)o efifiiuch, ocuf
rfii mifi fanfijiaiT), octif qii mifa an fosmuiji pfxi fam-
. puacc ; cuic mifa imujiixo, pju samfuacc, qu mifa in
gaimfiit), octif in 'oa mi caifeclia vo ejifiach ffii gaim-
ftiacc. 1c cfitima fmacca seimjii'D oI'Daid fmachca
famfiaiT), ap, iffiuiche beo beacha na mbo olT)af a
1 Farm-Latos. — The word "mbrmisixedica** has been written over the words
''"oa CTXian " in the MS. by a mach later hand than that of the original scribe.
■ 'SmachV-fne — Sec p. 31 (O'D., 2171), and compare withO'D., 402. " Question
— How are land trespasses calculated? — From the rents, i.e. from the full rent given for
the land Uscif, the profitable or unprofitable grass-land which is injured is estimated.
Two-thirds of the rent is the fine, ie. two- thirds of the rent which is charged for
A * tir cumhaile * of the best land, for three-quarters is the fine for * feis '-trespass in
A meadow of winter grass land over a full fence, i.e. three *8crepalk* upon it for the
three-quarters, and two ^screpalls ' for * feis Vtrcsposs in winter, and one for 'feis '-
trespass in the summer, i.e. the one-third of the three 'screpalls.* (H.d,l7,col.30<i.)
A passage similar to this very obscure one occurs in C 25.— Vcating of the tres-
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JUDGMENTS OF GO-TSNANOT HERE. 89
giving fiiriher legal security. For winter trespass in ^^^^
the farni-lawsHwo-thirds of the rent is the 'smacht'- cio-Tic*.
ANGY.
fine*. —
The Additional <8macht*-fine8, le. <i&«reu a stay of three days, and a delay
in poand of five days for iht paipnetU qf the *8macht -fine, Le. or the ' smacht *-
fines with which are given the additional pledges are to be brought in five days; or
the thing which is commanded fty iaw as ' eric *-fine for the crime for wliich tlie
additional pledges are given, is to be brought by him in five days, when the crime
of his beast is as his own crime.
That is, when it is to him like his own crime, there is a Haf/
. of three days for t^ie payment of the ' smacht '-fine, and a delay
in pound of five days. When however, it is ^ the crime of a
kinsman,* there is a stay of five days, and a delay in pound of
five days for the payment of the ' smacht '-fine. And the case in
which his beast's crime is to him like his own ci*ime is, when the
Least itself is value sufficient to pay for the damage f and it is* as » ir. When.
the crime of his kinsman, whenever it is not of that value, '** «^«* ^/
thecnmets
Without giving further legal security, .i. without the guaranty of a ^l'* ^< ^^^<
contract-binder, according to new knowledge for observing the lata q/* co-tenancy. ^^V'
Winter trespass, i.e. trespass upon the farm with the proper regulations
in the winter. Two-thirds of the fair rent, the * smacht '-fines which are paid for
* feb*-trespa88 and *airlim '-trespass, is that which is due for *feis '-trespass alone.
There are different ' smacht '-fines every quarter of
a year, but the ' smacht '-fine in the hot season is not
the same as that of the cold season ; even every month
of these seasons is not alike. Seven months of them
are included** in the hot season, and five in the cold b i,. ^^
season ; the last month of spring, and the three months «»«'/•''•
of summer, and the three monthsof autumn, are called* ir. FiH-.
the hot season ; but the five months of the cold sea-
son are, the three months of winter, and the two first
months of spring. The ' smacht '-fines of winter
are heavier than the ' smacht '-fines of summer, for
passes committed by swine. It runs as follows : — *' What was in the old judgments?
— ^Every pit that wasrooted6ytt9tne to befilled respectively with com, otherstay with
bntter,for they deemed itlawf ul to make good the damage done to the earth by itsown
produce. But this was afterwards changed to compensation for the thing injared."
M Unfman. — ' Inbleoghan' means a man's son, grandson, relative, or any person
for whose crimes he is responsible.
« It it, — Literally ** and where it is the same as the crime of the kinsman is when-
ever it is not**
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90 bfieocha Cotnaichcefa CCti'Dfo.
Judo-
MxJ^or tiseafip, afi ic seimcheti pep, i famfuro, m cha imtifnio
^^' T)i a nseitntie.
Sma^ca ca6a fiaiche» .1. M fmatrxn^texK in 506 funche. Wi
cttma'DOTioi'TTiadCf.i. no6a cucTiiiiiia inl pnoccaigtep. 1 pogailiK) ■oenom
a ceaf in cfccmp-ai-o ocu-p a tMia^c ^ ^einiTii'o. Wi cuma -oono ci-d cad
mif •oifui'Diti, .1. no6actfCYvtiniacfam€n^x>ca6ni1f 'Donahibcroaliifin,
•i.ni1?:6afaint;|MxniYun6octtf mlpaadcainseimtxe- 1c cTvuma j^madca
501 m {11*09 .1. If cjxnma Inl fmadcais^eti ifin t:ogait -do mac na hinnile
«pn geimyie olA>aice na neictie pnaccoig^ep. \pn p>piil vo ntac na
"hinnileifinc|HxiTip,ai6. CCp. if i\tiii:he beo beacha nambo ot'oa'p
a ngeaiic .1. If tiaiflo ini "oobeitibeta -oona buaib ifin geiiDivi'D inaf
In! x>o beii\ tadc T>oib ifin rfamf.ajg. CCfv ic soi^^cYietv p e|v 1
f a m t^ a-o .1. If "ho fo In fdt .1. ooogeini^ peti ifin cfoihtvui'D. Hi cha
1 ni u |ifio n 1 a n gei m t^e .1. no6a nvo a pxxta tiuin In pefv vo |«f if in
geimtvij.
CCfbefiafi fmacca' famjiaif); miac cac aifilime afi
fechc Tiariman'oaib ppi echam r^'Dtguin ; Let tneich ma
Ffii ochbfvon'oa'O ; Lee tneich pfii tnoin FjiiiTOif ; Lecmtach
cac cuiLjaib 0 T)am co 'oapraiB pfii peif. 1c T>a rniach
tnitifi|io, nil seampuacc
CCfbef.atv f madca fam|iai6, .1. T^oixjceiinoaifnei'Dceiiinlfnfiodc-
aisteTV If in'pogoit T>o mac na hinmlo ipn cfaniTiai'6. Til 1 ad ca6 aitx-
time, .1. imach if e n1 aifnei-Dichep. a|v fedc nanmon-oaib TMXon feitb 00
na n-otit anunn aon pedc cat\ aon be|ina'6i naip-lim "Dt^in peoip. etartitnn
cfamivoi'D. Let meich ma pt^i achbtion-oa-o, .1. ma-optii b^von'oa^
gahait^.i'aijitim achlaim|)ti|ve fe6i^\ etamain cfam|iaiT). Let meich f fvi
mom vp.inT)if, .1.1 peif atltimpui|ie mona famfvacai no caille fam-
fiaua. Letmiach cac culgaib o -oam co •oaticaig, .1. afv fecc
na[n]mun'Daib a peif x>i5t]in peoip, etamuin g^imtveca, octif fe6cmai6 let
meich -DO dui-o gad anmun'oaig na cug ap, aip-o an-o- Ic -00 miach
imtip.po pp,i geampuacc, .1. 1 p6if achltimpuitve peoipr echamuin
Seimive, no 1 nalplim -Diguin pe6ifv etamuin geimpeca.
If cutnalfmacc ca6 mil 1 comaidef, ocuf 1 cotcaltiochsabata,
aihail ifbeifi ifiii pintiffiuch pirhil; co ngeil mgen pfii pacail,
ocof com-Dijie each naefa 1 pogetccro, congelcrc va vafizaiv pech
^ Food, — The word * beta,' meana also life.
*Fitmsruth Fithil-law^^A tract on the maimer of paasiog judgments.
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JUDGMENTS OF COTENANCY HERB. 91
that which supports the cows in winter is more pre- J*'*^
cious than their produce, for grass is produced in Co-tbk-
summer, but none at all in winter. — *
There are 'smacht'-fines every qnarter, Le. the thhig which U
commanded to be paid as 'smaclit*-fine in every quarter of a year. The
*smacht*-fine is not the same,' Le. the thing which ia ordained to be
paid as * 8macht*-fine for trespass committed in the heat of the snmmcr and h& the
cold of the winter ia not equal Even every month of these ia not
alilie, Le. it is not alike that each of these months is regulated, Le. a month
of summer heat and a month of ' winter cold. The ^smachtMines of
.winter ar.e heavier, Le. the thing which is commanded to be paidM
*smacht*-fine, for the trespass which the cattle commit in the winter is heavier
than the thmg ordered to be paid for trespass which the cattle commit in the sum*
mer. For that which supports the cows, &&, Le. more valiiaUe is
the thing which gives food* to tlic cows in the vrir.ter than the thing which
j;ives them millc in the summer. For grass is produced in summer, {.eu
this is the reason, Lt, grass is produced in the summer. Butnoneatallin
winter, Le. it ia not that I say that grass grows in the winter.
Let the summer ^ smacht '-fines be stated ; a sack is
charged for every ' airlim ^trespass upon seven
animals into a profitable meadow ; half a sack if into .
after-grass ; half a sack if into a mountain ; half a
sack for the ' feis '-trespass of every sort of cow from
an ox doum to a ^ dartaid '-heifer. There are, how-
ever, two sacks in the cold season.
Let the summer *smacht'-fines he stated, i.e. the thing which ia
commanded at * smacht *-fine for trespass whicli the cattle commit in the summer
i« to he told or related. A sack for every 'airlim^-trespass, Le. a
vack is the fine which is mentioned as imposed upon seven animals of one herd
after going over hy leaping once across one gap into a meadow of summer grasa-
land. Half a sack if into after-grass, Le. if to trespass quickly, La.
hy leaping into a pastured field of summer grass-land. Half a sack if
into a mountain, Le. for ' feis '-trespass in a pastured field of summer
mountain or summer wood. Half a sack, &c., from an ox to ,a
* J ar taid *-h e i f e r , Le. upon seven animals for * feis ^-trespass.in a meadow of
winter grasa-land, and the seventh of a half sack is the porUon of the fine for each
animal, which he did not tender then. There are, however, two aaeka
in the cold season, Le. for * feis '-trespass in a pastured field of ^nnter grass-
land, or for * airlim *-trespasa into a meadow of winter grass-land.
A 'cumhal* is the ' smacht -fine for eFexy beast in a oo-tenancyy
and in taking forcible distress, as is said in the 'Finnsruth Fithil'-
law' — ^Anail rates with a tooth, and equal 'dire'-fine is paid for c(Uil6
of every ago for feeding, for two ' dartaid '-heifeis eat beyond (mof»
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92 bfiecccha Cornaichcera OCn'Oix).
Judo- |V0T>arh. 1 ci|v wbcrt oca fn comecaft ^n, ocuf i coTnai6eaf , no
3CEirr8 or
Co-Tew- ^ comecufi oca f un-o.
^^' OC5 po cftenaji np, co cen'o mblia'ona; cap^ifi figem-
pjacca, no 05 bep pu 'oa qxian a pochp,eca ca]xeip,
OCUf d ciji latf in peap, oftgcafi anu
CCg po cp,eTi afi cit^ co cenT) mblia'Dna, .1. 05 "oeDcennaigif in
peaivomn a|v poc1i|itiic co cen'o mbliorona, -i. in cpxniui|H; "do be|vafv 1 poch-
fiuic, .1. voch|iuic peot|i afi citv cfil cumal. "Caiieif 1 ng^eimpnadca,
.1. ca|veifi na posla T)0 nlcheti a puacc an senifMO, a let peichp-oe, .1. let
0*D. 403. «" peich T>uinecaiti conncabafvcais an cpamoip Ifin cafi Ian ime, [ocup a
lech ma^ gan imme], .1. an atlonipuifie peoip. echeamain gdrnifieca, no a
nx>i5ain mona geimtn'o, no caiUe Keinifve, no achbuaile geimfii'O. tlo 05
befi pm T)a CTVian a pochtveca caiveipi, .1. og bep pin "oa cfiian
na pocfieca, .1. na painuipco puil a|\ cip, cp,i cumal) .1. in colpa6 otz psi^o-
paU/ pail caixeip tifie rya cumal ina poqfieic ; no at) bep pm va qfiian nu
pamuipce acd ipln pocyveic, ippe-o aca ipin poj;ail -oo n1che[\ |iip na
peixantxiib c6cna 1 puacc an gennxiiD, .1. ap, ceofia cetp.ainie na pamuipce
an'DpiT>eic hi, atz aen pqfiepall nania na cuga ap. aip'o an-o; no ^ono'
cena, cin co puil ache aep colpaige occ p^i\eapall inT>ri| ip 'oinia|\q\aiiD
lepaigci no bipix) oca uipo ni pip na pu ceop,a cetpanne na pamuipce
hi Ocup a z\]x laip in peap, opgcap, an-o, .Lapepan-olaipln pep
•Donichcp, anT) -oo op-gain, .1. latx p,e na pocpeca, In can ip a|v poqieic
cuca'D he; no a pepanT) ac in pip "do nichep anv 1 pogail, .1. loqfv nic epca
a pogla pip.
Txxic aifilimeiToa ima'Oichec fmachca; cac atfilin)
|Xia coin no 'ouine ; no aiixlim naibil no omna, no aifilim
neicne cipp.
* Joint-ttochutff — That is puiiiiig an equal stock on the land.
*Rent, — * pocpaic* ia here used to denote the awanl or price, hire or compen$ation
paid, or contracted to be given, for the use of the land for one year.
• Agaimt whom trespass is committed, — ^The following seems to be the meaning
of this very obscure text: — '* A calf is the rent payable for land taken until the
end of the year; in the case of a trespass committed from the commencement of
the cold season on to the end of the ycnr, a calf is the fine payable, or a calf which
is irorth two- thirds of the value of such a calf as should bo paid for the rent,
(which would at that time be a ' samliaisc *-heIfcr) ; and the land upon such pay-
ment becomes the properly of the man against whom the trespass is committed, or
of the man who pays the fine.*
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JUDGMENTS OP CO-TENANCY HERB. 93
tluin) the largest ox. In a * dibadh '-land this joint-stocking * is Juoo- .
incule, and in a co-tenancy, or in joint-stocking it is here. Co-Teh-
A calf is the rent which is paid for land taken till ^^*
the end of the year ; in the case of trespass commit-
ted after the commencement of the cold season to the
end of the year, a calf is the fine, or a calf which is
worth two-thirds of the rent afterwards ; and the land
remains with the man against whom trespass is com-
mitted in the case.
A calf, &c^, which ia paid for the land till the end of the year,
ie. a calf (ihe price of a calf) pays for the land which is ht for liire {rent) to the end
of the year, l.e. tlic * samhauc * -heifer which is given as rent;* i.e. as the hire for the •
grassofa land of (tcor/&) three *camhal8.' After the cold season, Le. after
the trespass which is committed in the cold of the winter, half the fine for this, Le. that
* Mimhaiac '-heifer is half the fine for douhtf nl man-trespass oyer a full fence, and the
half thereof if there be^ no fence, i.e. mto a pastured field of winter grass-land, or * Ir. Witkm
into a meadow of winter mountain, or of fvinter wood, or a winter old milking- ^^'*
place. Or a calf which is worth two-thirds of the rent after-
war ds, i.e. a calf which is worth two*thirds of the rent, Le. of the 'samhaisc*'.
heifer which wpaid for a land of three 'cnrahala,* i.o. the * colpacfa '-heifer of Cfte
ralue of eight ^screpalls' which is to be paid for a land of two ^cnmhals' for ita
rent ; or, a calf which is worth two-thirds of the * samhaiac *-heifer which iBpaid
for the lent. It is it that is paid for the trespass which is committed on the sama
lands in the cold of the winter, i.e. it i$ given for three-qoarters of tht value of the
* itamhaisc *-heif er in this caae, except one 'acrepall* only which was not brought
forward here ; or indeed, aceardinff to others^ although it (the caif) has but the age of
a * colpach *-heif er of eight * acrepalls ' valttey it ia from the excess of the improrement
or increase that ia upon it that it ia worth three-quartera of the * samhaisc '-heifer.
And the land remains with the man against whom treapasa
is c o m ffl i 1 1 ed,s Le. the land rtnudns with the man who ia trespassed upon in this
caae, Le. after the term of the rent, when it is for rent that it (the land) waa, given ;
or, according to others^ the land belongs to the man whohaa committed the trespaaa,
Le. after his paying the *eric '-fine of his trespaaa.
There are three 'airlim '-trespasses for which no
^smacht '-fines arc paid : every 'airlim '-trespass before
a dog or a man ; or an ' airlim '-trespass in consequence
of heat or fear, or an ^ airlim '-trespass owing to** any ^^^^ 0/
kind of violence.
In OT). 403, the following condition ia added :^ .
" If it be winter grasa that ia trespassed upon; two-thirds of the rent shall be ^
the fine, Le. of the rent which ia paid for a * Tir-cumhaile' of the beat knd tokUk
is hired for three-quartera of a year. There are three heifert as rent upon It for
the three quarters; and two heifen, Le. the two-thirds of the three heifers are the
fine^for * feia '-treapasa in a meadow of sommcr graaa orer a full hedge."
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AKOr.
94 bfieocha Comaichcepa CCnT)fo.
Judo- 7^a\z aiiitimenT)a, .1. aconc leimenna 'Domoccaifv afxtnpefino a^v
*"*JJ*J^' in afibat\ octif eifn-oittiici^iS lac can -pmadc orvyia omi). Cad aiT^tim
' |iio coin, .1. ag ceite t^ia co?n. Wo 'outne, .1. 05 t»6e t^ta nwnmb.
CCit^tim naibit, .1. Inconbif aib6llofi|\ap,oc6af nsfx^ine. t^o omna
•1* |via qieicb, no jie coiboin. U o ai fiti m n ei en e ci pf 1) ^i- ctbe6 etsen,
•1. cofitinn no cene |-aisnem
Smaiz 'Oia ctiicci ia[i pjaiL cona pcaL cona qitiaf
ocof a loniT)aca. T^ixeimb pnacca cac coip^ cfiian foti
T)i coifice ai|ie.
TTla pe]x pof^ aitl anicnqi arw a caeb no a naitxcen'O,
ma pefx plaiT), no pefi famla, icafi a caiche a fiei|x na
comaichiu
Smadc 7>ia caicti, '4. ini fmadcatstefi vuro 1 pofxba c^ic6t lafi
n^enom lia vogla, .1. na metd, •i. ana6 cfieifi pop, In pmadc, ocuf 'oitim
cuicti. Cona pocat, .1. namtacb, .1. nap.ub peapb laTX. Cona cp.tiafi
•u nap,ab coip^ Lorn'oacai o. 5i\an tom^eu lomconTKC pema ptepc, .1.
5ap,iDb ^aca he octip be lorn, .1. cm cols. 'Ct^emib pmacca cac
coifv, .1* cfietnitigcTD ofi in pmacc 'oo fveiti ooip^ t^fiian |^on m
coip.ce aipe» .1. upian a mbi'o ap, in coipa ocap ap inT) eopnaig* ip pe^
oca op in coipce aonap, ocnp x>o cpiun toga
m a pefi pop ai II, .1. ma pep -do bepap ipn pep. eile ai[i pon oicb-
Rina, .1. ma pep echdim po bpon-DOD an-o, X)iablir6 t>o peop anechdim cap
a eip munabpail echam aigi. CC caeb, .1. pODa. Wo a naipcenT), .1.
Saipm. nria pep potai'o, .1. na caiUe. Wo pep pamla, .1. na
mona, .1. In cpl^ibe. CC p.eip na comaicbix>, .1. aich^in a-ii clnaigpin
ammt ip piap ptp na comaicbib, .1. ap-omep "oo tipa nrr coimaichiT) oip,
mvna pogcap pep a commaicb mv ap pon cnch^ena, ocnp neiilibet peoi|\
a comoianca (1151 poDopo*
Caifi — can micep, catche x;\]\e ? OCf a pochpxicaib ; ma
1 Fear. — Dr. 0*Donovan remarks upon this— ** The gloss is here transposed, and
should be restored to its proper order thus : —
*'Fear, Le. of thunder or lightning. Or an *alrliin*^tre8ptss owing
to any kind of violence, i.e. before a foray, or before plunderen^ or any
Tiolenoe whatsoever.**
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JUDGMENTS OF CO-TENANCY HERB. 96
There are three 'airlim*- trespasses, Le. there are three leaps JoDO-
which are made upon tlie grass or upon the corn, and they are freed from paying ^^ ^'
*smaeht -fine for them. Every *airlim*-trespa8S before a dog, Le.in axu^/
rnnningoif before a hoond. Or a m a n , i.e. in flymgbefore men. An ^airlim*- _
trespass in consequence of heat, i.e. when they (fA« ca/^), are run-
ning from the heat of fhe sun. Or f ear,M.e. before a plundering party,* or a » Ir. /Vcy.
band o/*(f(epre(fa(or«. Or an *alrlim*- trespass owing to any kind
of Yiolence, i.e. whatever violence it may be, i.e. thunder or lightning.
' Smacht '-fine is paid in five days after trespass
with testing of the grain as to hardness and bare-
ness. ' Smacht '-fines are three-fold by right, the
third of which is set aside for oats.
If it be one Jdnd of grass that is paid for another
at the side or at the extremity o/thejield, whether it
be hidden grass or coarse grass, let the fines be paid
according to the arbitration of the co-tenants. .
'Smacht*-fine is paid in five days, Le; the thing wluch is com-
manded hy law to be paid by him^ is to be rendered at the expiration of five da^-s ^ Ir. F)rem
after the commission of the trespass, l& * the 8acks,*i.e. there is a stay* of three days ^^^
upon (/or the payment of) the 'smacht*-fine, and a delay in pound of five days.
With t esting y le. of * the sacks,* le. that they are not bitter (Joul or maw^
ftuA). As to hardness, le.thattheybenot moist Bareness, le. the grain
which they eat bare, that it be not dnrty or chaffy, le. that it be well coloured and
liare, le. without chaff. 'Smacht*-fines are threefold by right,
Ic. there is a threefold division of the * smacht *-fine by right Thethirdof
which is set aside for oats, i.e. the third of what U for oats and for
barley, is for the oats only, and its value is one-third.* e f* f^ ^
If it be one kind of grass that is paid for another, le, third <if its
if it be grass that is given for another grass as compensation, i.e. if it be 'rich value,
grass that has been spoiled in this case, let him (the trespasser') give twice the .
quantity of poor grass in return for it, if he has not rich grass. At the
side, le. long. Or at the extrejnity, le. short If it be hidden
grass, Le. of the wood. Or coarse grass, i.e. of the moontain, Le, of '
the moor. According to the co-tenants, le. the compensation (or
that trespass if according to the opinion of the neighbours, le. the arbitration of
the neighbours decides upon it, unless grass equally good is obtained for it as com- •
pensation, and his not having grass of the same nature is the reason of its being
decided bif arbitration.
Question— How are land trespasses estimated ?-r- 7
From its rents ; if it be winter grass that is injured,
* *A stay, Le. the period during which cattle distrained remain upon security in
the hands of the owner ; but the 'stay * comes first, then * delay in pound * follows
It, and then three days of grace called '^ "Cjieip irncbimniste," in the Irish - •
Laws: riVe Senchus Mor, voL l^ p, l^i ei seq. '\ ' •' ' .'
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96 . bfieocha Comairhcepa OCtTDro-
„^'^, SainiFeix fio hofiscaft airo, Da qxian a pochfiaca ire a
^As^^' caiche ; mar ratTipefi, ir qiian.
Cai|i— can micep. caiche citie? .1. comaitiqm canaf a meifem-
nai5cep.iia anra •do tiichep, |\ipn pep-an-D. CCfa pochjiacaib, .1. at^
fn pefiann -peni Tiopnnca]! in pep. ocham no anet^ham mittcep an-o. HI a
Sairhf6|i, .1. tncTD ho pep, in seimp-iT) oip-gcep. an-o. "Oa cfiian a
poch.txaca i|*e a caiche, .1. T)a cpian na T)ei5CTveici aca Inapeip ocuy^
inanaiTilim ipp-o oca ma oip^lrimnama; uaitxceicp,i meicacana peipocuf
<oanfiiach na naiplim. "Oa cpian pocfieca aua ap. cifv cumoile tk) necham
i|* pop-p- CO cenn cp,i fiaiti iff©"© tiit 1 peip 'oiswin peoi|i echemain geim-
tveca cap. tan ime, .1. cp,i -pcpibuilt yii|* nacp,i p,at£t, .1. "oa fctieputti pei|*
ngeimp^, ocup |x;pebtitl 1 peip an |Hnnp.aT6, octip i|* e pin c|iian na cp.i
pcp-epoH. ITla]-' |»ampep, .1. pep, in cfamp.ai'6, ipcp.ian a huil na peifjoctif
na aip^lim oca na aiTitim naina, .1. -oa miach ma petf, ocuf miach 1
naiplim.
Cairhe mtic. TTla gleicif pe^i caichach amtiil caiche
O'D.,1226. cerhfia olcena. TTla podilait) rt|ie [ap.] pop dill co
o'D., 122G. po 'Dlomrap a 'Deafiuf c [i.] co p,tlcal^ 'oa ech a cofiaic
O'D., 122G. octif leicap ant), co [na] roiglen ni a pacla ap oc a gleic.
Ir aiTD if 'Deap.ufc.
Let caichach a raip-rce, o caichach ma caichat naiche.
CCp. oca 1 n'olige na peine buachaill oc cac cechjxa
O'D., 1226. W'^ '^e [f ceo aiT>6e] ; if ve aca conT) bo buachaiU i mban-
foiUfi ; a mbeic i mbuaile fo iat)ti an oitce ; ma muca
1 feif 1 pil a naiTJce; ma bai bic a mboDamgen ; eich i
ctiib p.ech ceachra no a nm'oe ; caip^ a laif.
1 Fair rent^* 'Oeigqfieic* U glossed * cmdacli * in Rawliason, 487 (O'D. 2116«)
. * * Tir-cumhaileJ' A piece of land measuring 12 'forrachs' in length, and 6 in
hreadtb, Vid9 C. 252, and 0*D. 1462. Vide dflo toL 8, p. 835.
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JUDGMENTS OF CO-TENANCY HERE. 97
two-thirds of its rent is the fine for the trespass ; if ^^'^-
summer grass, it {the fine) is one third. Co-T«f-
Qaestion — How Are land trespasses regulated? i.e. I ask whence are estimated — —
the trespasses that are committed upon the land. From its rents, Le. on
the land itself it is known whether it is profitable or unprofitable grass that Is
injured on the occasion. If it be winter grass, i.e. if it be the grass of
the winter that is injured therein. Two-thirds of its rent is thejln^
for the trespass, Le. two-thirds of the fair rent ' w price that is paid for ita
' feis -trespass, and '• airlim '-trespass is what is paid for its * airlim '-trespass only .
for it b four sacks that are paid for its * feis '-trespass and two sacks for its *■ airlim '-
trespass. Two- thirds of the rent which is paid for a ' Tir-cumbaile** of
the best land to the end of three-quarters of a year is what is due for * fda*-
trespass In a mcidow of winter'grass-land oyer a full fence, I.e. three * screpalls' for
the three-quarters, i.e. two * screpalls ' for ' feis '-trespass In winter and one * sera-
pall* for 'feia '-trespass fai summer, and thia la the third of the three ' screpalla.*
If it be summer grass, i.e. thegrassof the summer, it is one-third of what is dbie
for its * feis '-trespass and for its * airlim '-trespass that is due for its * airlim '.tres-
pass only, le. two sacks for its * feis '-trespass, and one sack for its ' aurlim '-trespass.
The trespasses of swine. If they eat the grass,
they are trespassers like other grazing cattle in
general. If they root up the land, other land shall
be given until the proof of the restoration of the land
is completed;' that is, until two horses in yoke are^ir. Unta
brought and left there, and it is seen that no part 2*1*^'*^
of the earth stick to theu- teeth while grazing on it.
Thus is it tested.*
Half fine is dtie for ' tairsce '-trespass hy day and
full fine if it be trespass committed by night. For
it is a maxim in the law of the Feini that every
kind of cattle should have a herdsman by day and
night ; from which is derived the saying " the coVs
sense carrier is her herdsman in the bright light ; "
that they should be in an enclosure at the fall of
night; that the swine should be in their stye by
night ; that the cows should be in a cow-fastness ;
horses in their proper fetters or in a stable ; sheep
in their fold.
* Til us it 14 (esUd.'-The original seems to be defectire here.
yOL. IV. . H
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98 bfiecrcha Cotnaichceixx CCTiT)ro.
Judo- Caiche mtic, .1. cmcananfitic CCmuil caiche C6c1if\a otcenai
^|^[?^' .1. arfiailiCinua iia cettiaolcena ijiledena nm pach 'Duineccnti ofiiiti. Ill a
ANCT. pochlai'6 ci|\e, .1. Tncrd cocailx in catmtin -do tie. lpo\i aittf .1. cifv
— eile mn ap. jx)n cnchj;ina. Co tio •olomcati, .1. cti ixotn'ocati no gu
ncofnei'Dictietv •oeifibcinn© fl/nnci In pe^fiainn fio coila-o ann. "D a each
0*D.,122€b a cotvaic [.1. cofiaegcrc, .1- na licich im), ipn ^ep-an-o lati'oain]. Ocii|*
• teicat^ an-D, .1. i-pn pofvan'onahoic. Cona coiglen ni a piocla
• af oca gteit, .1. cona -oeslena ni -oon ualmain a pacta txff oga
foigeilc Ip an-D i|^ ^eap.ti|*c, .1. ij^anT) iy» 'oeafibdn'oe |^inci vo
[.1. -Don t)oaTi].
CD., 122G. [CC Defiofc; Scui^xnix "oa ech ainia co^xai'o ifaim cona roi^-
tecm fW) laf in n^letu fin, if ann 'oloniuai^i a T>€]\of c. ITIad ^leit
|W) geliT) na muca, if amail ceacjia a cotaig. Cia fio bai 1 fetn
bfieitaib ^ac cUtf |\o clai'oea'D -do lina^ -00 ajibaim alaiU "oo
fmbim, a^iba heo^ ba recra tec fiaecof, ceilte tn calmun 'oiauoiiaT)
fODefin ; vo •oeocat'o cp,a la^xum fop, airhgin neic bfionnatTiann.
'•^**OtJinecatte Cfia, imeaf;an x:a]\ ciivoo ceile .1. a\\ai> octif atrfveba^
fotlfctt* ocuf fotla octif rocla ocuf an ocuf aifi^fiti.
nitach a\i mtiic moip,,.leit meicb cacha ceifi, ceiqfti maim
each bainb ; no 'oono tec meic afi cac rnuic m6ij[i, cechfiamtti
meich cacha ceifi, octif "oa maim cacbamm. Co p.tiici ceitfti fecc
nonman'oa ard in f.iT;h f o ; |\irh f 0]\f na mtica mo|\a cein bin
ann. If aifii if tugti fofif na banbu ma foyif na aige, uaip, if
Ittsu a nucmaitt ma ceachf.ib.
Learh cachach a caiyifci.i. tetviacaiT\tinieintaeicai|ifstin tae;
tan fia6 aitxtime tae no ai'oce 1 caipf ce nai-oche ; cucptuna f©f octif txwi-
jwo na haiT)che. Cticn,tima aiplnn ocuf p-uiyieT) m tao caf% tan Ime cac
nae; fef na ai-oche ocuf a tiuipeaT) cona catijxaccain laf. nai-oche ma toij^c,
tdn pia6 pefi in-onb; aiptlm aiTJche ocnf a caipfjre, tec pad pefi ini)ib ;
Titii|ieaT> tae ocaf aipttm tae ic inan-oa ; techf lach aiptime 1 caipftje Uie.
^ An equivalent. — *CCit5in ' properly means a restoration of tho same thing to the
original owner, but it ia frequently, as in this instance, applied to 'Hhe making
good," or giving an equivalent for any loss, damage, or injury.
» Two horses in yoke — The gic.Mcr part of the remainder of this tract is taken
from the MS. E.3 5, in the library- of Trinity College, Dublin. Rawlinson,487, wants
the glosses on the second part of the preceding text They arc taken from E, 3 5.
■ Carrying. — For *inieaT;an ' of tho text, the meaning of which is doubtful, C,
82, reads *imfoaDain,' which means * drawing,' * pulling,' &c.
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JUDGMENTS OF CO-TENANCY HERB. 99
The trespasses of swine, 1.0. thecrimesoftheplgs. Like the trespasses Jnxi-
of cAttle in general, i.e. like the trespasses of every other description of cattle p""" ®' f
when the fine for man-trespass is c7mr^e(f upon them. If they root up the land, awct "
i.e. if rooting of the land he wliat they do. Other land, i.e. when other land it •..« *
^r^ for it by way of an equivalent* of the land w^ich they rooted vjh U n 1 1 1 t h e
proof of the restoration, &c., is completed, i.e. until tho certain
reclamation of the land which they rooted up is announced. Two horses in
y oke,« i.e. they are yoked [?] i.e. the horses on it, on the land afterwards. And
are left there, ie., the horses on the land. That no part stick to their
teeth, i.e.so that no part of the earth st ick in their teeth in grazing on it Thus
it is tested, Lc. it is then it certainly is determined that it is restored to its
healthy state^' i e. the land.
Its testiiig : let two horses be unharnessed and placed there joked
together to (p^aze, when in grazing they do not pull tip a sod, it is then
the test is seen. If the swine have eaten the grass by grazing, their
trespass is like that of other cattle. Although in the old judgments
it is ordered that every furrow which they should root should be
filled respectively with com and butter, for they deemed it just
that the land should receive /or tlie injury done it an equivalent in
its own produce ; yet it aflerwaixls was exchanged for restoratioii
of the thing which was damaged therein. Man-trespasses ai^,
carrying* {loads) over your neighbour's land, ie., ' aradh '-trespejss,
'aitrebadh '-trespass, * foDscudh '-trespass, * fothla '-trespass, 'tothla '-
trespass ; ' an '-trespass, and * airgsiu '-trespass.*
A sack is Uie fine upon a large pig, half a sack upon every slip '
(jfoung pig)y four handfuls' for a farrow pig ; or, according to others,
half a sack upon eveiy large pig, a quarter of a sack upon each slip,
and two handfuls upon every farrow pig.' This addition extends
to four times seven animals ; but it extends to the entire number* % j^, WkUe
of the large pigs. The reason that it is less on the farrow pigs **<y •■«.
than upon the large pigs is, because their nimblencss is less than
thtU ofcaXtle.
Half fine is for *tair8ce*-treapass,Le.halftbefmcof the'airlim'-trespasa
by day for * tairsce ^-trespass by day ; the full fine of * airlim ^-trespass by day or
night for * tairsce '-trespass by night ; the * f eis '-trespass and * mirindh '-trespass
by night are equal The * airlim '-trespass and * mirindh *- trespass by d?y over a full
fence of any person arc equal ; for the * feis '-trespass by night and the * mirindh '-
trespass when the caftU are found after the night lying, there is full fine for ^feis*-
trcspan due for them ; for * airlim ^-trespass by night and ' tairsce '-trespass there is
half the fine for * feis '-tre:«pass ; * mirindh '-trespass by day and ^ airlim '-trespass by
day arc equal ; half the fine for * airlim '-trespass is due for * tairsce '-trespass by day.
* * Airytiu^'irrfpast. — This n^mr.rk abaut nian-trc«pr.sses appears to be quite out
of place here. It is not easy to determine the different sorts of trespass mentioned.
< Ifand/uk, — 'Mam ' is as mach as can be taken up between the two palms of
the hands held together.
</VifToi0jn^.-*That ia, a young sucking pig.
VOLw IV. H 2
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100 "bfieoctia Cotnatrticefa OCirpfo,
Judo- O'Dcacliach fna catach 01*066 .1. ogpiacYi oiTvtitne tn tae conTVfse na
MEKTB OF Tion'oche. CCii aca a n-Dlige^ na peino .1. ap. oca ati'otigeiD m jretie-
Co-Tkk- c|,a,|». p|\i <oe .1. ipn to." 8c eo ai.'ode -i. tiip.Y\et)aoeiii.
A\ Comfnsaip-e qia: cia qritiujpai'De a hup.lainn ceatfta octif
featt) ? .1. "Dia ba •d6c |X>fi ala, octif feet: ti^aintiaocuf fecu mtica
octJf fete caitii§. til T^fagoD oific tia huain a comm^aiiie co
^nafOTD. HI p.0 bfiiataji la cat in ata aft coin ocaf ceacaifi octif
ceotyiaf , ocuf aDgenitafi uod "Dm ceiUe ; at)|i(yDmaD a comin-
^aifie pia i^a'onaib amtiil vo coifeoD foxi nocom ann ocuf fioca,
ate man afi conaib altra noma. Ronaf ap, a comln^difie, ni z^v
cin ceocfia na ceacfta jxiifini lafvuni, acu 'oo aip^^ena In maijic "00
poDnoib.
Cefc. — Cia Ifn faepxaip, "do comm^aipe? Ilin: pep, ripe
nama, ap -Dlisitp-be la caca ceatpa -do in^aiixe -00 ; cia b6t •oona
b6 no allatj ^ip, no caipiti, no Dono ^amain no allau, octif
ni copmaig Id ; cec pip baiT) -oe, nl X)ibai'6 la.
Conimgaipe -Dono, no aipim pop, meiD f ealba cai6 -of -olix inei-o
aifime .1. bo co colpac pop, inaTa "oaim ; colpaic o mei-o •oaip.i'Dap.
If pop, moo bo ciaJaiT) ; ci ap beipix) apaile ["oain] pop. inex) n-oaim,
bb pop ine-D bo, ag pop met ai§e, a\\ jealaiD -oia bom p eac po-oam.
Wi ciupaiT) commae In pep-oam ppip an aip.ife, nff -oia cea6p.a
pax)epin popa a llnpa an aipim •olispi-orep ve; ap a na 56^ pop,
meT) caiped, ocup "oia duipa pop ir\ai> "oapra, -dI "oaipT: pop. mex)
dolpaige, -Dia colpac pop, met) bo, bo co colpach pop. ina-6 n-oaiiii.
Tlo-capb, f u^Dtfoaumha, ocup 'oamconcbaix), ni nagoo a companiT),
CiT) po -oepa pon ? I4fn. In cap.b cecamup, ip cuma T)aip.i
fiDe a cearpa pa-oepn, ocup ceatfia cac ain bip oca 1 mbuaile.
*Oam concait -oona, ip cuma imx)itpn)e a ceatp,a octip ceatpa a
> Common iwfwa^c.— This commentary is not in II. 3, 17, nor in Rawlinson, 487.
• No engagement is given hy one to the other. There b no contract between the
parties ("commoners ") as to ordinary accidents 5 they are in the same position as if
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JUDGMENTS OP CO-TENANCY HERE. 101
Foil fine if the trespass has been committed by ni{;ht, i.e. Jvi>o«
the f nil fine for * airlim -trespass by day for * tairsce ^-trespass by night. For ^^^"I?^'
it is a maxim in the law of the Fe ini, i.e. for it is in the law ^l^"
of the Fcincchns. By diay, le. in the day. And night, i.e. in the night ...*
itself.
Common pasturage* : wliat is its nature as to the green of cattle
and flocks) Le. twelve cows in a herd^ and seven yearling calves,
and seven pigs and seven sheep. Farrow pigs or lambs do
not come into the common jmsturage until Lammas-day. No
engagement is given by one to the other* with respect to protecting
t/ie lierd from dogs, quagmires, or cattle gorings, or from what they
may do to one another ; their common pasturage was arranged
before witnesses, as if upon securities and guarantees, excepting
protection against wild dogs only. Aa to what is legally placed in
the common pasturage, no trespass of cattle or quagmires is con-
sidered with respect to it afterwards, but the carcass oftfte animal
which is killed shall bo shown to witnesses.
Question. — How many are freed from the re^pomibilitieB o/the com*
mon pasturage? Answer — The owner of the land only, for he is en^
titled to a day's herding for every head of cattle on his land; for al« .
though there should be a cow or its value (equivalent) due&om him, or
a sheep or a yearling calf or its equivalent, and it does not add a day;
though these should be separated from him, it does not lessen a day.
Now, in a common pasturage there is a calculation made of the
size of each i>cr8on's cattle' to adjust his responsibility, ie. a cow with •!'• Ptneir
a heifer in lieu of an ox ; heifers from the size at which they are
bulled pass in the place of cows ; though others say it is an ox in
place of an ox, a cow for a cow, a calf in place of a calf, for two
cows graze more than* the great ox. The equivalent of the bull is ^Ir.BqiwidL
not put in this enumeration, there is not of his own species o/* cattle
any even number that would fill up the number which would be
required for him ; for two geese are in lieu of a sheep, two sheep
in lieu of a ' dairt '-heifer, two * dairt '-heifers in lieu of a * colpach'-
heifer, two ' colpach '-heifers in lieu of a cow, one cow with a
' colpach '-heifer in lieu of an ox. The- great bull, the ' suasdamha '-
ox, and the * damh-conchaidh*-ox do not come into the enumeration.
What is the reason of tliis? Answer — The bull, in the first
place, bulls equally his own cattle, and the cattle of all
which are with him in the enclosure. The * damh-conchaidh '-ox
equally protects his own cattle and the cattle of Ms neighbours.
they had come to an agreement reciprocally to this effect, excepting always tht
case of wild dogs (the property of one of the partieB>
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102 bp.eacha Comairficefa CCn'oro.
Judo- comoicead. If aifie fin nl cmsait) co^"tai§ce a nai|xifn, ofitif
Ck>-TBH- c'l^ot fvonfc cat a leaf. 'OI151T) cac bua^ill a biaccr6.
AHOr.
TDuca •Dona, nl rtccgaT) iz^\x coTnai|\nie acu maca aif , fti^e cifi
p'obai^e CO meaf . Comfa 'Dona„flan cac comfa cac cumai'b ca6
cofnln5ai|ie, acu in-ofiat no in'D]\at no alsuni.
Cia fop,ai ceoqxa cdic fp.i yiaile ace f aifi^i'De no 5iiiniT>€, no
conn a fup.bai'd aiceafitif cac a chin fntoDif tugaibl TDaT) a^
|io roifi anatU, oyisaf. "oono an ag no noiji^, octif fiannaiD !n 'oa
mafix: necofifio 1 n-oe, fobic bef ffiif iu |io5(Xfir no comnia|iu an
•05 T)ia latle; atz ni erap. a fiosafit; a nepc neuafifio. II0, ma
feafijx latf, foce|\x)ac qxann im an ag inbeo -otif a "oa Una
ane[ien "oo alaile af . Ire a nlbp^ata annfo qfia, mtina feafoafi
gtifniDe fofif in nag fviam ; tua fcafoafi, befieat in fejx bef ao
tnoixvc a atge, ocuf affiean a cetle aj fo laill t>o ; octif moo fet>
|U) roip, an a§, fo ceffocap, qiann pop-fio a baplann fealb T)Uf
cia vib T>o cot biT)ba vo raboip.!:, ocuf T)onibei|i lafitim in ci -bia
mix;, octif aneiinneT) a ceile vo tiixtanT) fealb octjf ceatfia. bit
maiic an aige auatvf.cu, octif amutl f0T)ailic an eifvce if ainltii'6
lionnaiT) mftfic .an aige acafi|io.
CCf t>e aca conT) bo a bn achat II .1. if t)e if co*Dnach •00 na baaib
a mtmachailt. OC m b u at la 1 t) .1. na mbo .1. a famncro. TTl 0*0 m u ca
.1. 1 pail 1 x^eac na muca ipn tiaiT)ci.
.1. TTluca itnuf,|io; mtic o]\fio caca f eif t, ociif banb cac ai|ilinie,
octif aj a n-Dipefeoifx; ap.'oliji'D fn fogcalrat pn a imcomu-o co
loip,. CC feif a foil po ceiqiibpoi-Daib in a'dai J,ociif mtiicafDe ocaib
ffvi -De. If -oe if beip, if in Coi]x feme bic; "Oia tnbeT) tnuca
moai'Drefi,afitif c|\u cumai]\ a]x feif f eDa-o beil niiT)ba"6 bp.ui uafb
mfnfiainT) nacefianap, ninnaip. im cuca claifc cac acn conia^iba
coi;[\ cot^amcf niinni'sef .
TOan ba, bii) 1 tnbo'Dttnisean .1. bic an-Daingen natiibo^ inibuai-
lix) no 1 tTibocigib.
^ Commons — The word *coniffi* here translaUd * commons,* may toean a
* litter of pigs.' I f 80, the whole posaage would oigni/y, '* A3 to a litter ol ylgs, eveiy
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JUDGMENTS OP CO-TENANCY HERE. 103
For this reason ' coslaithe '-cattle do not come into the enumeration, Judo-
for all stand in need of them equally. Every herdsman is required Co-Tmi-
to feed them. akcy.
PigSy too, do not come into the enumeration of land stock unless
^ they be old pigs, excepting on wood land with masts. As to com-
mons,* every commons is free to every grazier of the common
pasturage, except for plunder, or tresimss, or knowledge of crime.
Why are the cattle of all placed together, except gorers and
fierce cattle, or that it is from the wounding that everyone shall
claim the fine for his attack from him 1 — If it be a calf that has
killed another, let the other that }ias killed it be slaughtered, ancl
let them (the owners) divide the flesh of both between them into two .
equal parts, because of the killing by the former ; or, let the flesh of
the killed calf be divided Ijetween them ; but this cannot be enfoi*ced
between them. Or, if it be preferred, let them cast lots for the live
calf to know which of the two should pay the other for him. These
are their judgments here, unless the calf liad never been known
before as a gorer ; hutii he had been known as stic/h, let the man
whose property he is take the flesh of the calf, and his neighbour
shall give him another calf ; and if he slaughters the calf, lots shall
be cast uj>on them on the green of the cattle to know to which of
them the guilty pai'ty by right should be given ; and the man to
whom it has fallen afterwards obtains him, and lus neighbour gives
him away in the green of the flocks and cattle. The flesh of the
killed calf shall be between them, and as they divide the * eric '-fine,
so tliey divide the flesh of the calf between them.
From which is derived -</i« saying "the cow^s sense is
her herdsman,** i.e. it is from this it is said that their herdsman is tlie sense-
carrier to the coirs. In an enclosure, Le. of the cows, Le. in the summer.-
If p i g s , i.c. into a styo the swine shall go in the night
That is, as to pigs-: a pig is the Jme upon them for every ' feis '-tres-
pass, and a farrow pig for every ' airlim '-trespass, and a calf as <dire -
fine for grass ; for it is right that pasture should be wholly guarded.
They should lie in a stye at four roads by night, and they should
have a swineherd by day. From whence it is said in the law
called ' Coir Feine Bee ;" " If there be a swineherd, it (the fine) is
increased, for their stye should be at the meeting of roads that lead
into the middle of farms which are partitioned into small divisioliSy
each * coarb*s ' division being marked and divided by furrows.^
It cows, lei them he in a cow fastness, i.e. let thnn be in the
fastness kffaUif erected for tJieprotection of the cows, in an inclosure or in cow-houses.
litter of pigs b free to graze on every commons, every common pasturage,'* &c ■
' Coir Feine BtCn^A tract not known now. Tlio transktion of the e^Ltraci is
only con jecturaL ' - ...
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104 bfieacha Comaidicefa CCn'oro.
Judo- j\, Cia fio boroajv ftnacca tnqfia ann, ceitfii la imbcT) na hiti-
Co-Tbk- wW^> octJf caemna fn nixo aujifioijtia he-otj ifin c^c peif, a can-
AscT. aipe If 7)010 peif , tetroilfe tieic cn)|\o|\eafDa if in cfieaf feif ,
o-ftilfe neic crofiofiafTjap. ifiti ceoqicmmT) feif; ap,tif ayiac ocuf
aqfuxb lap, f m. If amne cp^a affxann-oatf ftnacca cecamuf , ace
Tia hep^limeanna DOflia "Dtlf e.
CoDicrD f aiT)e? Mtn — OtfiUm neigne fiia coin no -ooine ; e\iUm
jfiia tjotiaim) no aibeall, no eitilim ace a-Df-oifiifoaiii a nDiaiD
|iiafiu txo •DixengoT) eafiif . 1t:6 ei|\tinieanna im ceo iceoo fmacra,
Co •Dtico'D cfta foft •oaftca octif T)aftT:ai5e la caemna In liiic
octif mefo (n jxe, cona6 6 fmacc f ofva "oiicaiT) a f eimeaiD. Ciaf-
be|iccp alaile if dgeiixlim acu do cotfecro -oa nag "oec inD. Let
mei6 ca6 tilgaib o T)um co •oa^xcat'o fp.i feif, ace if feif cat lige
ca6 catiixaije. Of moD beg in cip, |\o hopeafi ctnn imbi nf bi
fea|\i\ miac no caifieac i cop.ai6 bif ann, mtrep, ani bef fitj, ocuf
•DO bei|i Diabul foc|iaice cafi a eife.
Cefc — CiT) af a micefi f on ? Ilin : — ^Ciji fo qxean bom co ceanti
mblia'Dna, ix)a niiac Dec Dono focfieanoD fon ; oce meit ai\
geamftiacc, ocuf a cetatfi ap, f ampuacc. THod gemp uace o§ fio
6|ica|i ann, anieaniDap, a hoce inD, octjf ag a nDijie foift. XUcxt
fomfdce fio hopcop, ann, afpeniDeap, ceitp,i meic inn, octif a§
a nDipe a f eoip..
CCfp,eaniDap, cp,a na pmacea Dia qfieifi lap fogail oeaicapcnf ,
miina eip-ligeep cpa i copaib bel; aen pmadc ap, cac cea6|xa od
lio^ma fop, cip. Ife in fniace fil ap, cac ceatpa Dib, miad caca
feifi, octJf let meic cac eipUme ap, cac fece mbuaib.
Oich 1 ctribiieacli cechca no na ntn'oe .i. r\a heich ma
cttimpech T)li5eec, in cenn pp.i bac Ina nechailfib.
.1, ©ich,afmacca amail cac ceatpa fosealcaDfpi na hap,5a-
balaDianaip,fep,. CCp do ^aib na heo6o ocuf cuimniuitif , octif aca-
» The trespaster, * Caitirat/ may possibly mean "a trespasser" or "criminal,'*
but, from the context, it is hard to see how it can bear such a BersD here*
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JUDGMENTS OP CO-TENANCY HERB. 105
That is, though there were great 'smacht '-fines therein, four 9acki Jci>o- .
with the increase of the cattle, and the protection of the country ; co-Tbm-
these cases occurred for the first * feis '-trespass, a second in ^*^'^'
the case of a second * feis '-trespass, forfeiture of half what arrived
for the third * feis '-trespass, entire forfeiture of what arrived for
the fourth ' feis '-tres|)ass ; for it is tying and dwelling after that.
Thus they used to divide the ' smacht '-fines at first, except in case
o/*the 'ttirlim '-trespasses, which do not deserve forfeiture.
What are these 1 Answer. — Forced leaping before a dog or a
man ; leaping on account of thunder or sultriness, or a leaping, but
so as they are pursued before they could get over. Such are the
leapings for which ' smacht '-fines do not lie.
Until it amounts to a * dairt '-heifer and a yearling with thejins •
imposed by the protection of the place and length of the time, the
' smacht '-fine to which it amounts is to be proved. Though others
say that full lesii^ixig-trespass is committed, if twelve calves have
gone into it {tlie field). A half sack is the fine for every animal from
the ox to the ^ dartaidh '-heifer for 'feis '-trespass, but every lying
down in which it (the aniinal) is caught is ^feis.' If the extend of
land which had been damaged on the occasion be so small that
the produce which is there is not better {iruyre vcUuable) than a sack
or the trespasser,' let the value of it be estimated, and he shall
obtain double the hire (rent) afterwards.
Question. — From what is that estimated) Answer. — Land which
a cow pays for to the end of a year, it is twelve sacks that would
purchase this ; eight sacks for the cold season, and four sacks for
the hot season. If the damage has been committed in full winter,
eight sacks shall be paid for it, and a calf as 'dire '-fine for grass.
If it be in the summer that the damage has been committed, four
sacks shall be paid for it, and a calf as * diie '-fine for its grass.
They shall pay the ' smacht '-fines in thiee days after the trespass
has been committed, unless indeed by verbal engagements it is
othervnse arranged ; it is the same ' smacht '-fine that shall be paid
for every kind of c&itle that is caught upon the land. The 'smacht '-
fine that is upon every cattle of them is a sack for eveiy ' feis '•
trespass, and a half sack for every 'airlim '-trespass upon every .
seven cown
Horses in their lawful fetters or in their stables, i.e. the hones
in their lawful fetters, the head to the staple in their stables.
That is, as for hoi^es, the 'smacht' fines are like those of any
other cattle which consume fodder after their being taken in trespass.
For the horses are taken and detained (t.e. impounded), and notice
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106 bfiearha Comaichcefa CCn'oro.
Judo- bainT) DO p|i bex>e hei^, T)iat) peafoap, ; muTta peafDafi, acabaint)
Co-Tsar- ^^ '^^^ cigep-Tia bef nefom, ocuf oc 'DtiTi b|ieiueoniiGm tia cuaiui,
AHCT, ocuf oc ce^aDca gobann, ocuf oc pfiimall na cuaite ; octJf oca
. baiTiT) famlaij \x> na cp,i6a otceoria ocuf comnictif coc,
* * * fon "Dia cuic la Dec, tio pichic aiDce, no mif , of Diati^DO
ct pe^x biDO heich |ie naimft|i a niuma. Ocuf cia posealcoco pi
DOib? Ilin : — TTliac caca mif do buaib ocuf eachaib,iTifa6 octJf leu
meirh do Dain,Tiiuna cuibtiigcefi ; Dia cuibnigcep. iTntjfi]xo,if mmc
. cac lai CO naiDci. "CetD in uiappaige po commnfiice vjxif apoafc, .
|iannaiD a posealcoD acap,jxoi i nDe; mtina d iinuti|io, if .05 a
pogealcaD Don yifi cuibni^cefi. 14 a p,o nieoua a paf c po|if in ipe]x
ctubnijcep,, ocuf Dia di a ceile co nfap.aip, pecca, ocuf co piaD-
naife inDfiic, ocuf co naetaib, po^iuaif liceap, fn comiDcaD, betiaiD-
fiDe a ceatfia, ocup affiean pogealcccD.
Ciapa pogealcaD fon ? .1. miac caca mif, d|i tif fogealcoD
" ceotfia pi Doib af mge, ni fogealuoD achgabala.
nicrt on mi fin in nonn,ni haclai§ cia f05naijt:ei\ innonb .1.
d nDamaib ocuf eacaib ocuf ba blecua do bleogan ; acu nt ceiu
fogealcaD foyifio in |i6 pognoD.
'Smacra pcla ocuf cocla.
Potla Din, Dam do rhi§ ocuf f ctiip.eaD ann a rif. a ceile, im
comijxc Doib cfafa haif,m in ^to f ciufifiD. Tlo fcui^if im 1 n|\ inD
pft fe6. TTla fo^icon^fiafom a rubaiyiT; af nac faemafom, ire
a^^veanaD caicc a ncacb layium. II0 af,aile Dono, aDcffium na
ffiiana leo, ocitf nf imcomipcba Doib, if riifa afjiean in cataig
fin, maD ainbf if Dono Daim in ci^x in fio fcuiyifear a neoco.
'Couhla Dono ; afbeififium fjii Daim amfva f cop, in cifie ; if
* Are deiabuiL — There is an erasure here in the M.S.
* The hetping, — Tliat 1», of the cattle out at grass under the care of proper herda-
men.
^^Totkla^'trefpass. — * Fothia* usually mconB * eluding,* \^9\adln(Sf* &c., and
•Totbla,* ^demand,' 'daim,' * request.*
i
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JUDGMENTS OP CO-TENANCY HERB. 107
is given to the man whose horses they are, if he be known ; if he is Jpo<»-
not known, notice is given at the * dun '-fort of tlie neiirest lord, and Co-Tks-
at the 'dun '-fort of the Brchon of the territory, and at the forge of ^^^'
the smith, and at the principal chiurch of the territory ; and notice
is likewise given throughout the neighbouring territories, and they
{tlie horses) are detained* till the expiration of fifteen days or twenty
nights, or a month, if the man whose horses they are does not arrive
before that period tohidi is that of their delay in pound. And
what exjienso of feeding is due for them? Answer. — A sack eveky
month for cows and horses, a sack and half a sack for an ox, unless
he has been impounded ; but if he has been impounded, it is a sack
for a day and night. The keeping^ comes under the same esti) nation
as the impounding 3 they shalL divide the expenses of feeding in
two between them ; if he {the owner of tJie cattle) does not come, the *
expenses of feeding are entire to the person who h«i3 impoimdecL .
If the man who has impoimded has failed to give the notice, and
if his neighbour should come with the lawful following, and
with worthy witnesses, and with oaths, the lord shall relieve
him, he shall obtain his cattle, and he shall pay the expenses of
feeding.
What are these expenses of feeding 1 A sack every month, for
it is feeding for cattle that is due for them in this instance, not
expense of feeding for distress. »
If it be after this month nothing is demanded if sei'vice is obtained
from them, i.e., from oxen, and hoi*ses, and milch cows which axe
milked ; but no expense of feeding is charged* upon them while * Ir* Oots,.
they render service, Le., do work or give milk,
' Smacht '-fines for ' fothla '-trespass and 'tothla'-.
trespass.'
* Fothla '-ti-espass is coinmltted when a party of people come and
unharness their horses in tlie land of a neighbour, asking what place
it is. in which they have unharnessed. Ye have unharnessed in the
lands of this man. If he has ordei*ed them to betake themselves
from thence, and that they do not comply, they shall pay for the
trespasses of their horses afterwards covuniited. Or — it is otlier-
%vise, indeed, if he sees the bridles with them, and he does
not question them, it is thou who shalt pay for that trespass if
the party are ignorant of what land they have unharnessed their
horses in.
As to * tothla '-ti-espass, now ; tins is said of an unknoNvn party
who have unyoked tfh^r fKfrses in the land; and tUoit hast given
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108 bfieoclia Cotnaiclicefxx CCn'OfO.
Judo- amne In cotfce T)oib f cofi ann, ace ncro tieib|\o 'dod betaib noma ;
Co-Tev- erf ^^f a affiean in cataig. fin lap^um amuit bi-o a ceoqxa proepn.
^^« po poifit ImbeT) fmacra ya^tc^ bein a qfieib.
C28.
C a 1 fit 5 in a 1 1 a f , .i. na caip-ij; -do bich ma c[iu.
[.1. Cai|ii5 imofijio, tc fmacua atfilime -do fufoib, ap, ni pit
pejpa Doib, .1. Damna peifiufe caca aip^ime |:|ii lom, TMimna ceficle
•oeT>i5ain.]
CCca 'Dotio oficc conixan'Da cinDra pp-i qier, ocuf oj
conjiaTTDd ciiroca i^xi her ; oijicc peaca bif a lif tio a
paichte, linjear eijiUm a i)'so]xc pairce pa X)!, pa qii,
pa ceacTiaip., an aen taidie ; ni ling imtifip.o, in qiec ace
aen eplim ; confian'oax) cliin'oca ia|iuni i nxie.
CCg 'Dono, confianna cinaiT) pixi heT), pofiixsiT) gealeaf
cafi^eilc nin'Dfiic, no rail ime nin'D|iic.
CCca -Dono otxcc .i. ccca T>ono oixc tif^tvcmnaf cmoiT) flip in qfiec flip
m naibbin i puilic -pecc nanmanna pyvi cyiec .i. im cacyxtifna OTifvo.
Ocup ag .1. as u|\tiannap anai*D |iip in c(iec flip in nailbin i piiilic pecc
nanmanna pop im cocp-tima. Oit^cc peaca .i. in peca fvobi ma uyxc*
.1. in coi|\c pecrca bp,ifcap ap. -oup octip bep,eap eolup fiep in
qfiec, curp^uma pp.i "oa nanmanna -00 pmacc paifi, ocup pfii haen
anmonn "Daichgin. In pecx ranipoe ceix), cucp.tima pfii ceiqxi
honmannaib paip. -do pmacc, ocup cacp.iima pp,i -oa anmanna
Daidigin. In rp.eap peace reir, curpuma pp.i rp,f hanmanna
Daich^m, ocup pp.i pecu nanmanna do pmacc paip,. In ceat*
|itmce pecc reic, ctjcp,uma piiip in cpec nile paip, do pmacc, ocup
cucp.tima pp.1 ceiupi hanmanna Dairbgin, ocup ap e in cp,ec
beyieap cac peace.
» Sheep in tfuir fold— -Tlie text lierc is from O'D., 1226 (E. 3. 6, p. 2, col. 1>
The reading in 0*D., 2172 (Rawlinson 487, fol. 05, p. 1, col. b), is "caiyiea
Imp;" and that in C. 28 (II. 3. 18, p. 12), is "caiyvis illiap;" the orthography
varying as usual in the different MSS. in nearly every siniclc word.
* The UUtr.—O'D., 2173, has hcrCf ** There is ns large a fine upon the pet young
pig, as upon seven animals, ^ho goes into the garden the first time. . • There
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JUDGMENTS OP CO-TENANCY HERB. 109
them to understand that it is allowable to unyoke there, although Jppq-
thou hast not said so by word of mouth ; it is thou who payest for ^[J^^f
that trespass afterwards as if it were thy own cattle tJuii liad com- anot.
nUtted it It may reach the amount of ' smacht '-fine payaUe for "^
trespass in a green adjoiniag a house.
Sheep la their fold/ le., the sheep to be in their fold.
The sheep have fines for ' airlim '-trespass imposed upon them,
for there is no fine for ' feis ^-trespass, Le., the makings of a spindle
{of wool) for every * airlim ^-trespass into bare graas^ the makings
of a ball into pi'eserved grass.
There is a small pig that shares the fines with the
herd, and a heifer which shares the fines with the
herd; a pet young pig which is hept in an enclosure, or
in a green, which makes * airlim '-trespasses into the
garden of the green twice, thrice, four times in one
day, but the herd imakes but one 'airlim ^-trespass;
they divide the liability afterwai'ds between them
into two equal parts.
The calf, too, pays equal fine with that of the herd
where heis b, trespasser that passes over the lawful
pasture, or over the lawful fence.
There is a small pig, i.e. there is a young pig which shares the fine with
the herd, with the flock in which there are seven animals. Withaherd, Le.
the same upon them. And a calf, i.e., a calf which shares the crime with the
flock or the herd in which there are seven animals, in eqnal parts. Pet yonng
pig, Le^, the pet of the litter.*
That is, the pet young pig which first breaks tJirough ihefence^
and shows the way to the herd, there is a * smacht '-fine' upon him
equal to that upon two animals, and compensation equal to that
of one animal. The second time that he goes, there is a ' smacht'* •
fine upon him equal to that of four animals, and compensation
equal to that of two animals. The third time that he goes, there
is compensation upon him equal to that of three animals, and a
' smacht '-fine equal to that of seven animals. The fourth time
that he goes, thei-e is a ' smacht '-fine upon him equal to that upon
the whole flock, and compensation equal to that upon four animals.
And he leads the herd each tim&
is on him only the same fine as on every other animaL the first thue, th^ same as
on two, however, every time from that oat" *-
^^Smacht'-fiit^ — ^That is% fine for violating the law; *aithghin' Is com-
pensation for ^e actual trespass committed in injuring the com, grass, &c
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110 btxecccha Comaiclicefa OCnT)fo.
Judo- f^a x)0 ctiaiT) a aentin pa t:p.f ria ipicronaib, ocuf \\o hicpecro
UEZTTB OF , . ,
Co-Tkn- ca^ ^^f ocuf fiuc r|iec in ceqfiutncro ^c, ctit:p.tiTna ip^ii -oa nan-
^<^ mcmnaib paifi -do ftnacc octif pfii haon atimann •oaichsm.
TTla vo cttaiT) na haenap. i?o cfii pa pcronaib ocuf r\\\\ hicoD
nad na, octif fine cfiec la^i fin, cticfiuma n^-^f in Cjiex: paip. T)0
fmacc, ocuf cut:p.tinia pfii ceitfti lianmanna 'oaichgin ; no, ma T)0
cuaiT) a aentifi pi q[\i, ocuf ni |io hicaT), ocuf |itjc Cjiec in cfieaf
-peadc, ctiT:|itima pifii f e hanmanna paip. 7)0 f madr, octif ctiq[\tinia
fp,i jqii hanmanna •oaichgin.
• TTld •DO ctiai'6 co pa •of a aennji, octif nf |io hicoD in cec pecc,
octif |io hicoD fn f ecu canifDe, ctiqxiima ip\M T>a hanmanna pai|i
•DO fmacr octif ffii haen anmann •oaichsm.
THa -DO ctiai'D co fa -oi a aentip,, octif f,o hicao Cn cec peer, octif
nf |io hicaD in feic ranffoe, ctiq[\tima ffi \^tz nanmannaib paift
•DO fmacc, octif cucjitima ffii -oa anmanna -Daicbgin. Samlai'b
•Dono fn cog.
bif a Uf, .1. calrU tlo a paicti6e, .i. omtiictj. Lingeaf eifvtffn,
.1. tlngi-D feic ati a leim aif., afi In pep. no ayi In atibccrv. Pa t)i, .i. co pa 'oo.
Pa ctiii'i.copacrti- pa ceachaiTXi'i-copacechoifi. GCn aen taiche,
•1. 1 naen to ze\z inunn he in can if ctiT:|\titna aiji octif oitbln i ptiitic fecc
ncmmanna. HI ling imu|in-o in cfiec.i.noco tingenmn cailbin ace
aenleimai|vincan If cucp.tiTnaoTit\o. Cont\an'Da'D chin-oca latxtini
5 n-oe, .1. If caIn tiTijionaic a ctnca ecajVTiti labium axi t)0, im cucfiuma
aiixfitim 1 tTDtit antinn co pa cechoifi, octif otxtiofum i n-oulmtim) aenpeachc
CCg •Dono, conjianna cinaiT), .i. if ectiic in -oono anx), -oona mucaib
t\o aifneiT) xvomainT). Poixyij;!*© jjealeaf, .i. pe|\ maitocci, ocuf reic
coTi aiTxbiT) -do foigiT) peoif, atti ; no "Dono, 501IC eifinfiaic oici, octif ceic
ca|\ \vne nln-otioic
.1. poftftgi'D Of anim -oo o fiachaf af a •oag pefi pein a n-oag
fefi nei6 aile, cit) a]\ inie cm co be-o ; no af a -oiioc p eft fcin a
n^Do^ fCf, neic aile o buf cap, ime •oeac, no 51*0 cap, mime gin co
beoD •oeac af a •oaig pe^x pem a n-oag pep neich aile. "Mi paice
pojxix^iT) ppia cia no •oicpea-o ap a •o^xoch pep, pom a n-oaig pep,
neich aile, munab cap, imme -oead. .
> Law/til— The word •in'optnc * means * worthy, pure, honest) perfect, complete
lawful'
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JUDGMENTS OF CO-TENANCT HERE. Ill
If ho has gone alone thrice before witnesses, and he (Am fre*- Judo-
pass) has been p<aid for each time, and tliat he has led the herd the Co-Tmi-
fourth time, there is a * sniacht '-fine upon him equal to that of two ^"^'
animals, and compensation equal to that of one animal.
If he has gone alone thrice before witnesses and has not been
paid for each time, and he has led the herd afterwards, there is a
' smacht '-fine upon him equal to that of the herd, and compensa-
tion equal to that upon four animals ; or, according to otliers, if
ho has gone alone thrice, and has not been paid for, and has led
ihe herd the third time, there is a * smacht '-fine upon him equal
to that of six animals, and compensation equal to that of three
animals.
If he has gone twice alone, and has not been paid for the first '
time, and has been paid for the second time, there is a ' smacht '•
fine upon him equal to that upon two animals, and compensation
equal to that of one animal.
If he has gone twice alone, and has been paid for the first time,
and he has not been paid for the second time, there is a ' smacht '-
fine upon him equal to that of seven aoimals, and compensation
equal to that of two animals. The calf indeed is similar as to fines.
Which is kept in an cncloflnre, Le., within. Or in a green, Le.»ontdde^
Makes 'airlim*- trespasses, i.e., be leaps a leap, a leap over upon the grass
or npon the corn. Twice, i.e., two times. Thrice, i.e., three times. Four
times, Le:, to four times. In one day, Le., it is in the one day he goes orcr the
fenct when there is a fine upon him equal to that upon the herd in which there are
seven animals. But the herd makes (til one ^airlim^'trespais, Le.,
the herd leaps but one over-leap when the fine on them is equal to thai &n ike pet
yomujpig. They divide the liability afterwajds between th'em into
two equal par<«, Le., tiicy divide the fines afterwards fairly between them into
two equal parts, an equal share on hun for having gone oyer four times, and on them
fur going over once. The calf too pays equal fine, Le. the force of the /Nxrfte/ls
* too* here is, hecaute it was of the pigs we have treated before. A trespasser
that passes over the lawful paeture^ i.e., he had good grass himself, and
he goes over a palisade fence into other grass ; or, indeed, he has luilawful pasturage,
ond he goes over a lawful* fence.
A trespassor is the name given to him {the calf) when he goes '^
from his own good grass into the good grass of another, whether
over a hedge or not ; or from his own bad grass into the good grass
of another over a good fence, or whether he has gone over a fence
or not, he has gone from his own good grass into the good grass
of another. He should not be styled a trespasser though he should
have passed from his own bad grass into the good giuss of another
unless he has passed over a fence.
I
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112 bjieocha Comaidiceixc OCtiT)ro.
J^o^ Caifi — cafoe in ime im)fiic ? — ^TTIa'D co|ia, copa qii
o<^'^^^' liccj, qii rfiaijuc a leirhecro, va 'Dofinn 7)65 'Dia haiji'De ;
- — maT) claf, qit qiaigce a leichea'O octir ct 'Doimne;
qiaig a leirhea'O rif ia|x nichrafi, q\i qiaige a leichea'O
na tnaigne a cufirafi in mtifi, octif qii qiaigce, a naqi'De
in mtiifv TTla'D nochc aile, gebait) fi'oe pfti 'oam,
o*D. 2174. fctiiche; ni 'OiceaT) fcuiche qi a 'Dltiiue,octif [niJ'Oiceu
•Dam aji a haiji'De, ocuf a 'oaingne ; 'oa'Dojin'O 'oec 'Dia
haiji'oe ; qxi buncaifx inT)!, buncoix pji a hicrafi, ocuf
. ajiaile in'oe qia me'Oon, ociif ajiaile paifi lafi nuach-
rttfx, CO ixugti'D each ctiaille lafi nuaclinifi, octif lamcuji
•Doib CO nach uixpaema in nxlam ; ocuf qu beimeanna
CD. 2176. Faiji 'od [p]aixca [a ceanT). Ocur] qiais co fiuige
'Deil noft'oan icifi cac 'oa cuailli ; r|ii 'OuifinT) \x>z in
CD. 2175. ctraille tiajxi anamain, ocuf cTp, 'Oiiaigain paijx. 'Dia
mbe paifi [in ime fee], if 'Oiuhposail ap, ceoqia.
CD. 2176. If amne c\v in 'Dtujiime infi [a] aifi'oe octif [a]
CD, 2176. 'Qtuidie, ocuf [a] in'D|xtictif.
CaiTi— caiT)e in !me inT>t\ic? .1. commtxam cain atctitie na liime
•oligtiS icijv. m aT) coTxa, .1. -010 cloich tip ocuf cloch vo|V|ni anuaf.
CC teichea-D, .i. lafi niclictitv CC leichea-D, .1. lafi nuachcutv. CC
■ooiTnne, .1. ia|i naiiXT)!. lafi nichcatx, .1. ia|V mchctiti fijp. CC teic-
heaT) na niai5iie,.i. In maiT) 1 cui|icpti in mu|\ la^x nichcafi an>ii!|\.
CCnaifi'De in muiii, .1. fuaff. S^^^ci^'^ fi'oe ptii T>am, fcuiche,
.1. gabaiT) p^e ^iiyin n-oam ocuy» fiiy* in fcuici mbec. t1i -Dicea^
fCMiche, .1. nococeicin ni |\;uchay» na |x;oca cjiit: ayi •oltiiclii. ' 'Oicec
■oam afv a >i a 1 fi'oe, .1. nococeic in "oain raip,iy» ap. diji-oe, .1. in "oa -Dotin-
•oec- CC •oaingne, .1. nocu cunrpcaigenn pe ayi a •oaingne. "Oa •Dotin-o
•oec, .i.'na ctvi btinco]\^ Co ixugu'o each cuaitle, .1. cop.ab cp.uin'o.
la|t ntiachctitti -i- nafiab clet yiama. Lawciip. -001 b, .1. actifvooib
I BunchoT'handi, — Bands of oziers interiroven between the standards^ or stakes.
*ii tnalkt — ^This was for the purpose of flattening the head or point of the
stake to prerent it from hurting cattle. Sec 0*D. 1556.
» IfUertceatinff Ktcketicork, — For * ua|^a anamain,* of the text CD. 2176 has
*iiaf venamain.*
4 * Bvnchor^'bands. — There is something T\rong here in the MS.
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JUDGMENTS OF CO-TENANCY HEUE. 113
Question — ^What is tlie lawful fence ? — If it be a J^^^
stone wall, a wall of three stones, its dimensions are Co-teh-
ANCT
three feet in* thickness, twelve hands in height ; if — '
a trench, three feet in width and in depth ; its width
one foot below at the bottom, thi^ee feet is the
breadth at the place where the wall is placed, and three
feet is** the height of the wall. If it be a naked fence, * ir. in.
it shall be a defen ce against oxen, and small cattle ; the
small cattlecould not pass throughitfrom itscloseness^
and an ox could not pass over it from its height and
its firmness ; twelve hands ai^e its height; three 'bun-
chor '-bands* in it, a ' bunchor '-band a,t the bottom,
another in the middle, and another at the top ; in -
such wise that each stake is rounded at the top, and
they are pushed down by the hand in order that the
ground may receive them, and they are each struck
on the head with three blows of a mallet. * Th^^ length
of ^ foot as far as the joint of the big toe. w to he
between every two of the stakes ; three hands the
length of each stake, over the interweaving wicker-
work, and a blackthorn crest upon it. If it be thus
made,** it is a defence against the trespasses of cattle. • ir. r/ait
The ' duirime '-fence is similarly formed as to/e»^^'* ^^
height, and closeness, and lawfulnesa
Qaestion — ^What is the lawful fence? Le., I ask how is the lawful
fence known. If a wall o/ three stoneSf i.e., two atones below and one
stone oyer npon them. In thickness, Le., at the bottom. In thickness,
Le., at the top. In depth, Le., in height. At the bottom, i.e., below at the
bottom. Is the breadth at the place where the wall is p/ac«<f , i.e.,
of the place where the wall Is placed at the bottom of the wall. The height
of the wall, Let, np. It shall be a defence against oxen, &c,le.,it
shall be a fence against the ox and the small cattle. The small cattle, &c^
i.e., what crops the briars does not pass through it in consequence of its cloeenesa;
That an ox, &c., i.e., the ox does not go over it on account of its height, Le.,
the twelve hands. Its firmness, Le., it is not remdved on acconnt of its firmness.
Twelve hands, Le., the three * bunchor *-bands.' Each stakelfl
lounded at the top, i.e., that they be round. At the top, i.e.| that
thej be not like oars. Fashed down by the hand, Le., thrust by the
VOL. IV. I
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114 bfxeocha Comaichcera CCn'oro.
JuDG- o Icnm, cona t^lfxpaemann fe •out ipin calmairi. T^fiais co t^uige 'oeib
"KWTSOr
4HPT.
METfTOor notfoan, .1. CO •oe'cal na oti-oan, .1. cyiois co t^ici in incro, .1. co btin in
^^' -oeilisenn In ofi'Dii t^ipn ciwtigi'D, icitv cat tkc cacnllo. U af a an am ai n
.1. tia|Kcp5i mm po u|\comcn|i na cifii "oiiaisln. Clt^ ^ixai^am, .i- la'tv-
nuachcutu "Oia mbe pai|i,.i. ma'oiaixoibin 'DenGtin pn aifi iy* "oicog-
toiTM -DO na cetjhtvaib lie. If amne, .1. iy* amtai'o pn t>ono tn T)ii1p.1me.
Icifi aifi'De ocii|« ■Dl/Ui^he, .1. in "oana TMYtint) t>«c> octif cona'Digm
psuiclie c|vic ati a 'oltnche. 1n'Dfiticu|^, .n cen flesa, cen betia, cen
benna^
Smachc peaca chtrififie ocuf ajice, ocuf peoca oifj
octif peccra tniGTifie, octif peara feineoin, oaif peara
piTDais- Txufigille nat|iaib ; ire in'opn a caichce.
>8macTii; peaca chuijvtie, .1. na btiile en tnle (tmtiil na cejvca, .1.
let |nnodc T^T^f **« anmanna fo, peaca 01 f, .1. omuil na bo.
Peaca miccit^e, .1. amtiil^ na cona cenn'oa. Peaca 'peineoin,
;V i^baicc. 'Caiixgitle nai|iaib, .1. -do iin-o caitiEilti icaici|i a
^adca, .1. gelt coitxichnecb ai|M, sett T>a ix^fiepalt; ocvj^ i|^ 'oop. a
cenn ictcnti f madca ma t^glonb comaiclicef a.
.1. Cmzte achiT>e qfia, cofn, octif geoi-o, octif ceajica, octif pea-
rcr6a 6ui|i|ie, ocuf beich ; a T>on|i5ille attitiil cac ceatf a -oia mbe
raiix^ille tiaifiaib ; muna be, a caiftsiUe amuil cad ceachjia
plceofia.
Cattte beach qfia, 1*0 caicbe fil vo f ortotb, im uoifi^lte.
01*6 fo 'Def.a fon, aip,e cro luamnaij, ocuf nf fit cai)iceaUa
fOfioib, ocof fobit na naifxlean^eoT) tiile f malle, o^xif -do eifilf-
meonn ann fin" na cuille aicbgin na fma6ca la coniitiu ? .1. eifi-
Ifm -Dia najxifcafi a nefiaiD f^if po fecbaT)ftim qfia caitai'da, co
nac tjf,tifa can hfc a cina^, X)ia catan& fil -ooib, .1. cauaiT) Dia
rop-at.
Go hefianap. fn cauaij "oia rojial llin - ornifefx a coiUcef, na
beichj-DO beif. In f ep, oo^aip compuc fopf in mil fin, co rei-o a l&im
^abala, ocuf fo ^eallaT) iap,tim. 1fi b|ieau if doi|i ia|itim ime,
fiain-o fn meala 'opib 1 qxi .1. rfiian -oo uyignam, ocuf qfiian t>o
beadaib, octif c|iian -do np.. CC cpian In d|ie jianncap, f on a cpf
^ffhe detaint aU that will be told kirn. — ^This very obscure passage may possibly
mean — ^ If he (the man injured by bees) retains in his mind all I shall tell
hira, in that case he may look after trespasses by bees in such manner that it vill
not be easy for the owner of the bees to escape paying him compensation.** Per-
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JUDGMENTS OP CO-TENANCY HERE. 115
hand, so that it cannot bat enter into the ground. Afoot as far as the joint of JuxKi*
the big toe,i.e., to the articulation of the big toe,i.c, a foot till it reaches the place, ^'^"L^ *'
i.e., the point where the big toe separates from the foot, between every two stakes. j^^cr.
Over the interweaving, i.c, over the fine interweaving of ozler$ over _
against the blackthorn crest. Blackthorn crest, Le., at the top. If it be
thus made*, Le., if it be of this make it is impregnable to the cattle. Similarly,
ie., the ' duirime Mence is also thus constructed. As to height and
closeness, i.e., the twelve hands, and so as that the small cattle coald not
pass through it on account of its closeness. Lawfulness, i.e., without spikes,
without spears, without points. .
As to the 'smacht'-fine for pet herons and hens,
and pet deer, and pot wolves, and pet old birds, and
pet foxes ; there is an additional pledge upon them ;
this is for their trespasses.
The *smacht*-fine for pet herons, Le. all Idndt of birds are liahtt to
fines like the hens, i e. there is half *smacht*-fine upon these animals. Pet deer,
Le. likethecows. Pet wolves, Le. like the domestic dogs. Pet old birds,
Le. hawks. Additional pledge upon them, Le. for addition their 'smacht*'-
fines are paid, Le. there is a relieving pledge, a pledge of two 'screpalls;' andji
Ss for this * smacht *-fincs are paid for thdr trespasses in co-occupancy. •.
As to the fines upon ' aithids/ i,e, dogs, and geese, and hens, and pet
heit>ns and bees; their additional pledge is the same as that of all
animals, if they are liable to additional pledge ; if not, their addi-
tional pledge is like that of cattle in general.
- As for the trespasses of bees, it is trespass ^7ie9 which are due
for these, not additional pledge.
What is the reason of this, for they are swifl, and there is no
restraint upon them, and because they fiy not all together, for it is
for these ' airlim '-trespasses they do not incur restitution or
* smacht '-fine in the co-occupancy? ie. ' aii*lim '-tresjxxss, if he detains
all that will be told him,^ he shall now look to trespasses so that it is
not easy to aToid paying for their damage. There are two fines for
them, Le. a fine of {consiating of) their produce.
How is the fine of their produce paid ? Answer — ^At the time
of smothering the bees, the man who sues makes a seizure of that
honey, and it goes into the keeping of safe hands,* and it is after- * It. Band
wards submitted to award. The decision whicli is right to niake ^' '**^*^*
afterwards concerning it is, to divide the honey between them into
three pai*t8, Le. a thii*d for attendance, antl a third for the bees, and
a third for the ovontr of the land. The third alJotted for the land
haps, it should be rendered, i.c., " an * airlim*- trespass in which they delay so long i
to commit damage, it is not easy to avoid paying for their damage.**
VOL. IV. . I 2
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116 biieocha Comaichcera OCn'oro.
JuDG- .t. qfiian -oe "oon p\i bet) a beich \:o biuh fn'nfie af a n-Dfiecm^aD,
MBKTS OP - , • t t
Co-Tex- 1^ cfiian naile p-anncap, fon icifi na ceiqie comaicaib bex>a
ANCT. Tieafa do, .1. 1 mbeitbia-o. TTla fcmch laif 111 romaf fin ca6
-J
bliai5ain paift, -do bei|\ |xxice cac comaicafd bepa nefom.
t^if cinctiT) -DO ct|ic .1. foxat,octifT)0|\ccro>ocuf cofiboo. "Ceofia
baifi^etia peyipuine cona Tjcmnlann ; ocuf ife meiu in annlain*D
fin comn^oc caca baiyi^ine T)ib, ocuf a letau ; ocuf in ca|\bup. if
TOO milli'o na ceilc, if -oe icmp, na baiyi^ma fin if in cinaiT) t>o
Tiiocr na ceyica afcig. "Oomna ceofia fep,caf beua ffu letfqfieptill
tna cinai-o 1 lif .1. maetflticcrD bee, ocuf loc fioiDi ocuf coin-oi,
ocuf nocon amtiil f ogail comaitcef fin, a6c a mbic amuil bitbince.
CC cfif ctnaiT) .1. feccafi lif [.1. fie hachaib ocuf mtiiUennT
• ••••••••••••a
ocof fie -oaipb ayibaf.; ocuf a\i f e6c ceficaib beof aca in i^irh fin,
ocuf noco reic caif-if. Ma pera-oa en uili amuil na ce|ica inia
|?05laib comaitcef a ; ceofia * *
O'D. 2176. ^j^ i^y^i^^ g^ amuil na cefica ini a fogla coimcefa. 11a cfii cc
fp^la a €1$, foxal, ocuf cofiba6, ocuf 'oofica'b. CC qfvi cc fogla a
lif, maerflucoTD bech, ocuf loc f.6i'& ocuf camninne.
T^ofia bai|\]5ina ma fo^ail a ci J, ocuf let f qiepall a lif no a
lub^ofir;; ocuf mfiit fop.p,a a f eccufi lif , amuil na p.uba eile II0
•Dono cena, comu piach bitbinci uatib if na bechaib ocuf ff in
aich. If ann oca a nei|iic a 'oubfiamup, jiomainn o na cep,caib
an inbai-D acd an cofm6c a -oeip, 'olige-o Ofifia .1. cocaiU fmpa,
ocuf muna bet, co mbia^ fiac Duine caiti op.|ia.
tia peca en uili amuilna ceaficaima po^laib comaiccfa. Tieofia
baiji^ma a cinai^, no f ecc nanmunn Dib a cig, ocuf let fcp.epall
' ' Roidh'-pIantM.—ride vol 2, p. 420 n, 421.
1 And mWs. — Tweuty-five letters have been here cut ftvay with part of the lower
margin of E. 8, 5, page 3.
• 0/ co-tenancy — The MS. E. 3, 6, is here defective. What follows up to the
article on hound trespasses, p. 120, is supplied from 0*D., 2176 ci teq., and C. 29.
Bee Welsh Laws, p. C02, folio edition.
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JUDGMENTS OF CO-TENANCY HERE. 117
is itself divided into tliree parts, Le. a third of it is given to tlie Judo-
man who owns the bees on account of the land from which they "^I? ^'
come, the other two-thirds are divided between the four nearest axcy.
neighbouring farms, i.e. where food {/or the bees) is. If this dis- """-
tribution of it every year should be deemed tiresome, each nearest
farm takes a swarm.
There are three trespasses of the hen, i.e., snatching away,
spilling, and wasting. The fine is three cakes of man-baking with
their condiment ; and the amount of this condiment is to eqtud the
thickness and breadth of each cake of them ; and the com which is
more injured than the rest, it is of it these cakes are made which
are paid for the trespass the hens commit in a house. Three iyikes
/or their trespass in the house. The makings of three spindles
(Jull o/wool,) which are worth half a * screpall* is paid for their
trespasses in an enclosure o/a garden^ ie. the soft swallowing of
bees, and the injury of * roidh '-plants', and garlic, and this is not
as trespass in the co-occupancy, but is regarded as viciousness,
Their three trespasses outside the enclosui-e, i.e. in kilns and
millB* * * * and on corn-stacks; and on seven hens this
addition is, and it does' not go beyond them {that number). All the
petbirds are as the hens as regards their trespasses of co-tenancy f
three • • *
All the birds are as the hens, with respect to their trespasses in
the co-occupancy. The three hen-trespasses in a house are snatch-
ing away, wasting, and spilling. The three hen-ti*espasses in an
enclosure are soft swallowing of bees, and injuring 'roidh '-plants and
garlic.
Three cakes is the fine for their trespass in a house, and half a
' screpall ' in an enclosure or'herb-gai'den ; and Hhe sacks' are charged
upon them outside the enclosure, like other trespassers. Or, indeed,
according to others, it is fine for thievishness* that is paid for iheir
swaUounngthe bees, and for trespasses in the kiln. Where the ' eric '«-
fine which we have mentioned above is paid for the hens is when
the restraint which the law orders is upon them, i.e. boots of rags
upon them, and if they be not upon t/iem, a fine for man-trespass .
shall be upon them.
All pet birds are like the hens with respect* to their trespasses
in* co-tenancy. Three cakes is the fine for the ti-espass of every • Ir. Of,
seven birds of them commHied in a house, and half a ^ screpall ' in an
« 7%ieru/<7ie9«.— Th« ^bithbinche* of an aninml b hta acquired habit of injuring
or trespaMiog.
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118 bfteocha Comaichcera CCrrofo.
^NT^p " ^^^* ^^"^ ^^ TYieich a t*e6T:ati tiff. 'Cap. ton fme ctca pti»
Co-Ten- ocuf a let za\i let fme, ocuf cm nf maf dn ime iciti. Co cochlmb
.^^' .tjmpu ffn ; no t)ono, |io cmp, a Tnbaile af |io btj cfnnct leif a
"""~ tiemufaduam aff ; i^ach T>uine [caite] imu|i|io, Tpo|i|iii mtiTia
ptiiliTX cocla tinipti, no manafi la lac conaifi aff fio bti 6iitoui
leif a nemtiacuafn.
T^eofta baiftsitia peftptiine co na nannltinn bftefa^n ca^a jiairhi
oji f6 baifigina banpatne, q[ii baiii^ina coifici an-o, ocuf an
c^ma "oeoiina ; uaip if amlait iccap, meic fn comaitcefa, let -do
6oi|ici an-o ocuf let •oeofinain; octif nl cuqfitunoT^ a log, tiaip,
in cocona* pann occmojac -do pinginn log na rp,i mbaipgfn
coipce,ocuf in fecrma^p^ann fefcaCDopingin'oap.naqfii baip^ina
eopna-D. Ocuf cabuip, na f6 baipgina pn ap, qil baipgfna pep.-
puine, peopling co let ocup qfii panna -opeoiiling ocuf -Dechnia*
fn •oechmai^ •opeop.ling log ann, no na cpf mbaifigin ifin. Ctn
DO niauu na ceapca if in rig aca fin.
•Oamnffo cpi p eprup be-od piu let fqiepall Ina cinaiD a lip,
let meich ma cma[i'D] a fecca|\ lif .
CC cpf cmait a cig, poacal, ocuf -oopca ocuf cop.bu. CC qfil
pogla a lip, maetfltictn& bead, ocup loc pdiD ocup com-oenn, no
ppi beochu ocup lup ocup cfiuacha. CC qfii poglat a peteajfi lip,
it. tie bdchaib ocupntuillenn ocup pe T>aifib ap,ba ; no ppi pabtill
ocup ppi bdtuib ocup pp,i gop^ruib ; no -oono, con6 Bu pogalcom-
aitcepa •ooibpium na pogla pin, acr a mbet amuil bitbmgi, ocup co
pete cep,ca ara m p.ich pm. TTliach ap cipcnabi haimp,itx, cumu
let meic aft cailec; cuma cin cipci pfu lubgop.?: ocup beachaib.
C. 29. [Cep,ca 3 a raipgille aniail cac cetpa, aip ni aipgilloD rap,
mnpaic ocup mibe nm'opaic p^xip ; ocup aiav "oa opT)lac Dec, do
5p6n, ip pmacr; pil Doib ppi cac naiplim ; octip a cornim^D ap, na
DiccpeD rap, inT)paic pm, rni-oibe a ncDaig ocup upconila popaib.]
^1 Enclosure. — * Lis * means here, the enclosare of a garden where bees are kept.
* Condiment, — * Annlann ' is any thing taken with bread, such as butter, sauce,
bacon, &c Butter and bacon are the kinds of 'annlsnn* usually referred to in
these laws.
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JUDGMENTS OF CO-TENANCY HERE. 119
endoBure/ and halfa sack for fre«;KU9 outside an enclosore. This is Jvdo- .
when t/ieif ^^ pas9ed over a full fence, and it is half /or trespass ccTkic-
over a half fence, and nothing if there be no fence at all. This is ^^^'^^
when they have boots of rags upon them ; or, indeed, according
to others, he {the oumer) put them in a place from which he felt certain
they could not come ; but fine for man-trespass lies against them
unless rag-boots be upon them, or unless they have been sent by
a way through which ho was sure they coidd not come.* • Ir. Their
Three cakes of man-baking with their condiment' of butter or "**"^*^'^*
bacon every quarter of a year, are the equivalent for six cakes
of woman-baking, which consist of three cakes of oats, and the
same number of barley; for the manner in which the sacks of
the co-tenancy are paid, is one-half in oats and 'one-half in barley ;
and their price is not equal, for the eighty-eighth part of a * ping-
inn ' is the price of the thi-ee cakes of oats, and the sixty-seventh
jNurt of a ' pinginn ' is that of the three cakes of barley. And
t4iking these six cakes as equivalent to three cakes of man-baking,
their price will amount to a farthing and a half, and three parts
of a farthing, and the tenth of the tenth of a farthing is their
price, or that of these three cakes. This is /or the trespass which
the hens commit in the house.
The makings of three spindles which are worth half a * screpall '
are due for their trespasses in an enclosure, half a sack for their
trespass outside an enclosure.
Their three trespasses in a house are snatching away, spilling
and wasting.* Their three trespasses in an endosure are soft
swallowing of bees, and the injuring of ' roidh '-plants and garlic, or
of bees, herbs, and com ricks. Their three trespasses outside the
enclosure, Le., in kilns and mills and stacks of coro ; or in a bam,
in kilns and fields; or, according to others^ these trespasses are
not trespasses of the co-tenancy, but they are to be considered
thieves,^ and this^a runs* to seven hens. A sack for a hen that ^U,Am
is not barren, and hence half a sack for a oock ; equal is the ^^^^^
fine for trespass of the hen in an herb-garden and for tlte injury • jr, Thi$
whicJi she does to bees. "** w «P^
' As to hens : their additional pledge-^7i€ is like thai of every khid
of. c&tHe, for they shall not pass into a lawful place over a lawful
fence; and a cup of twelve inches, of grain, is the * smacht '-fine
which is paid for them for every * airlim '-trespass ; and this when
they are guarded so as that they may not pass over a lawful
fence, their wings being clipped and spancels upon them.
' fToffin^.— *Corb* is glocsed 'conceonh,' tpending, wtfting, or consambig
'Corbad' (aaoUier form of the word) means also, dirtying, defiling.^'
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120 bp^ocha Comaichcera CCn'oro-
Judo- Ua com allT:a,octif na firtnaig, ocuf Tiab|iai!i,no rfa bfiaic octif
Co.Tbn- ^^ DoaiTi amuil na conu cenriDti tun a po^latb comaichcefa. Ha
-^CT' ha «; allca amtjil na haiji ceannT)a urn a |?05la b cotnaitcefa^
81c. Wa mtica allra -oa mbecif ap, cumnf tieic, amtiil nd mtica
cecmti'oa*
llaiMoiDa fo omuilna ceann'oa if cofmoil jpfiiu trni ftnate; noif
let fiach tiaouib na nanmann if cofmuil ftim, amoil if let fiach
tn-wjib fill.
"Ceopa baipjina a fmadu a C15; cti ptngi fedu letf<1[Mpaill
finadc a lif , ocuf meich a f edcafi lif ..
^Tie eile- In'cojfip. ocuf in fenen, amuid oraix; acinai-o noma.
Rit in comaitcef a cu f.«ice t;|\i fecc nanmanx>a, ctD ile fealba
beu ann, ache gu jiabui-o a conifn^aifte cona mbet ac 'oenum
na fojla ; no |iit f ofi cac feilb muna f uilic a comfngaiiie.
Caifi — ctafa cochach fo pich cu ppi ciji 111 comicatT) ?
beifiiT) chin conlom.
CiT) pi a fo^ain ? buaine in conltiam 1 calam, octif
calan) 'Oafi a eife ; ocuf a ceopa heimei'De in chonluatn,
a haimeiT) 'Do im, ocup a haimeiTi 7)0 Sjxtidi, ocuf a
heimetT) 'Do caep ma 'Duxe. "CoifceaT) cac aepofiechc
cona chinncaib 'Oo neach fojxaipea'D, tap, r>\\\j^ ocup
aiuhgin.
'Smachca comicheopa €01*06 colan'O a peich, ap, ni bi
O'D, 2178. pmachc ache la colainT) a peich ? pep, 1 caib no [in] aip.-
ceanT) fee colan'O a peich.
I Oiffnershipi, — ^A ' seilbh* means a distinct possession, the stock of a particular
person.
* Queition, — Tlie text in £. 3, 5, is defective here.
■ The feeding. — ^The term " con ton," or *contuan,' means " dogs' excrement,**
and is so glossed in C. 2783, where this very paragraph is quoted, but in some-
what different language, thus:— " Caip,— cip caiti ys) pc .in cu pjii cifi in
comaitcefa, cit) be^ie cm conlom." It is evident, however, from the gloss on
the passage in the text, that the author of that gloss understood it as ** hound*a
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JUDGMENTS OF CO-TENANCY HERB. 121
The vild dogs, and the foxes, or the badgers, and the ' togans,' Judo-
are as the tame dogs with respect to their trespasses in the co-ten- ccXex-
ancy. The wild fawns are like the tame calves with respect to ^xvy,
their trespasses in the co-tenancj. The wild swine, if they should
be in one*s power, are like the tame swine.
The wild deer are like the tame deer which are like them, with
respect to ' smacht '-fine ; or, according to otJiera, it is half the fine
of the animals which are like them, t/uU is paid for them, as it is
half fine Uiat is obtained for them.
Three cakes is their ' smacht '-fine for trespass in a house ; their
' smacht '-fine ybr <re«pa«9 in an enclosure may amount to seven
half ' screpalls,' and sacks are due for trespass outside the enclosure.
Another version. As to the heron and the hawk, their trespasses
are outside only. And the fine in the case of cooccupancy
extends* as fur as three times seven animals, even though there • Jr. Tks
should be several distinct ownerships,' provided that they are under ^^^'
commonherdingatthetimeof committing the trespass; oritextends
to each distinct ownership if they are not under common herding.
Question ' — What trespass does a hound comnut
on the land of a co-tenant ? The feeding' of him
involves^ a liability for his trespass. *ir. Bears.
What is done in this case? — To take away the '
hound's ordure from the land, and settle the land
after it ; and three times the bulk of the ordure is to
he paid as" its ' dire '-fine, its bulk of butter, and its • i^ ^«-.
bulk of curds, and its bulk of dough. The support
of all pet animals and their trespasses fall on the
person who owns them, both as regards 'dire'-fine
and compensation.
In the ' smacht -fines of co-tenancy, what is the
substance of the liability* incurred by them (i.e., on* Jr. Sod^
their account), for there is no ' smacht '-fine unless ^ **^
there be a substantial liability.* The destruction of
the grass at the side or at the end of the field is
the substance of the liability.* ^ ' .
food,** taking * Ion * to mean as it does in the modem language, * food,' * provision,'
&C. **Ci'6 be|\e an conlom/'as quoted in the gloss C. 2783, means "who
bean (or shall bear) the trespass of dogs* ordure," irliich is probably the troe
meaning of the cUum in the text, though the glosaarist understood it otherwise. ,
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▲Kor.
122 bp^ocha Comaichcefa CCn'Ofo.
Judo- C a i fv, .1. comonTvcim cia cin oofncnt^efa piachcncngei* ii> c« t^ pefiann
mNire OF ^n comaichig. beifii'D chtn, •i.beitti'o cinca m con m ci cucufT^xfi Urn
^ "'" bi-o •ooti 6oin.
•1. Caite con .i. a cea6aifi, .i. 'DtiiTiecaite,.octif a ti|ibac1i
ceatfia, ^pobat nairfieibe, ocuf conlon i a|\. Caiji— €1*6 1 fogaiti 1
buaine ir\ conluaiti ftn i zalam ocuf ipov fn-o "oafxa eife, octif bo-
6op, fraifi CO ceann mif . In cinai'6 aile o z6i in cev chlnait .t.
aichsin fneic |io bftonna fn cec cfn, ifin rcmifoe, a baf inv*
Cit po •oefva fon, a|v nf ceiu ceafiaip, a c^c 6in t
CD. [C6 |\o.ttfacc in C11 a^i ^aficmT) in comaitig nodon pail nl u<rt
2177-8. ^^ mtina "oefinncrt conltian |:aip, ; ocuf ma tk) fioine, in nncr6 1
n'oep.nnai'b "do T:ochailc, octif ijifi -do buain a\j in at|ieuu if I6ifv
balouh in conlaain, ocuf ijifi mfn a comoismca mv*
Iffet) •oleguf, buain in conl6in a calntuin gem -do ^abuft a fug
ann, ocuf afonn<r6 ocuf afdla*6, ocuf iii|i mfn a comai^inua a|\
yon aich^ina. If •oeixufc fldinci fin ; atz co ntMcbec "oa each
um ca|xpuuc hi coyiuiix an-o ocuf congleter; ant), octif conai'D^len
a fiacla nf "oon feofi 05a gleit. Ocuf a cp.i himerc in 6acha ap.
fon aich^ina, ocuf a m^coim, ocuf a ni^coo taef , ocuf a tn^t: -oo
Sfiuch ; ocuf in nf 'oib fin na fogcap,, ^eibiT) speim in .11. cajx^ifi,
Ocuf maT) 1 fioDnaifi fifibuna* do n^t in cu conluan aft fn fef ,
CO mbeu fiat 'oumecaiti uccb anT).]
CiT) fit o fogcti'n?.!. ci^tMtifinnfa'Daifin,ifinposailcomaicli6©fct.
buaine In con t nam, .1- btiain £aca in con af in calmam. Ocuf
catam "oapa eif e, .1. calam ailTDap,aeip,.i.afonna'DOcuf afaUro-
OC ceo ft a heiniei'oe,.i.1ncontoin inT)at\fonT>i|ie. In a 'oipefi^afv
fon fmadco. T^oifcea-o cac aef "opechc .1. caifce-o ca6 apetca
fio uaifi •oeifiToe cona T)e|inac posaiU Cuna chinncaib|.i. ■oic, -oia
I Four, — In C. 29, the reading is cetaipi four ; which aeeniB to be the Gomct
one. ' Ceadaifi* usually means * dirt, filth,' a sense which the coutext does not
appear to warrant here.
» Four times, — ^Thc original is defective here. Taking * cecotaiTi *, * four' or * a
quadrui)ed' to be the correct reading, the sentence may mean, *' What is the reason
of this, for a quadruped docs not go in payment for its first crime?** Taking
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JUDGMENTS OF CO-TENANCY HERE. 123
Qacstion, Le., I ask irhat trespass of co-tenancy does the honnd commit in the Judo-
neighbour's land? Inrolves a liabilitjfor his trespass, i.e., the person ^^J^^^
who has given store of food to the hound is accountable for the trespasses of the hound. a xgy. '
That iSy the trespasses of hounds, i. e. , four*, i.e., man-trespass, and
mangling of cattle, bi*eaking of dwellings, and committing nuisances
on land. Question — What is done in this latter ease f — ^To take
thatordure outof the ground, and place asod thereon afterwards, and
cowdung 18 to be left over it to the end of a month. Aa to the other
trespa&ses from the first trespass ovi, Le. compensation is to be made
for the thing injured by the first trespass, for the second, the life of
<A« Aownrf is taken.* •Ir.y<#
What is the reason of this, for he does not repeat the first tres- cm^
pass four times } *
Though the hound should come on the neighbour's land there
is no fine^ upon him {the dog), unless he has committed nuisance Tr.
upon it ; and if he has, the spot on which he has done it, is to be -
dug up, and the claj to be remoTQd therefrom as long as the
smell of the ordure is perceived, and fine claj of the same nature
with that taken away is to he placed thereon.
What is required hj law is, to remove the dog's ordiu^e out of the
ground as far as its juice is found, and it {the ground^ is to be
. pressed and stamped upon with the heel, and fine clay of the.same
nature is to he put there as compensation. This is the test of repara-
tion ; that two horses of a chariot in yoke come there and graze
there, and if no part of the sod of grass stick to their teeth in
gnizing on it the reparation is complete. And three times the size of
the ordure is due for compensation, and* its size of butter, and its
size of dough, and its size of curds ; and the part of them that is
not obtained in the one is to be claimed in the other afterwards.*
And if it be in the presence of the owner that the hound has
committed niusance on the grass, a fine for man-trespass shall be
paid by him for it.
What is done in this cask? What is £A« n>para<u>i» in this case, for the
damage In the co-occupancj ? To take away the hound's ordure, La to
take away the hound's excrement out of the ground* And settle the lan|d after
i t, Le. to put other earth there after it, Le. to press it and to trample it with the heeL
Three times the bulk, Le. of the hound's excrement u to be given for It as
*dlre*-fine. As its 'dire '-fine, Le. as *smacht*-fine. The support of all
pet animals, Le. every valued toy-aoimal is rettrained by it that they oommit
not trespass. And their trespasses, Le: to pay,<.e. If they have oommltted
* ceoccoiTi to mean * dirt,' or * excrement,* the meaning would be for *' excrement
does not go as a first trcspass^*^
• Tlie *ocuf« * in the original seems superfluous, unless it is meant for .t.
<.V^ncar(2f.*That is,irit benot obtaincdinbtttter,it shall begiven in doughy4«»
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124 bfxeocha Comaichcefa CCrTOro.
Judo- iit>ep.nac clnaiT). "Oo neach vofxaifeaT),.!. tk) neoch paachcnongic.
XKxrs OF 1 c , p, -o 1 |i e, .1. na ceofia aimeici. CC i c h 5 1 n , .i. In -peoiju
AHCT.' ^Tnctchca comi ch eay'afi* m niy^macccn5cep.i|*iTi ochechtif camai'oe,
—i... na |Hfna6t;a .1. meich. Cai^e colanT) a peicht .1. aich^in in nei6
fnilire|v ann. CCti ni bl -pmaic, .1. uaifi noco bi in n1 i^macccngcetv
onn aic la caeb onchsina coUa na pa6 o .meicfi. pefv 1 caib* .1. in
pcnxc. Uo aificeanT), .1. in gaitxic. Ice cotanT) a peich,.i. a
anshsin in inbaiT) if e |vo Vo\x}&o an-o.
TTlbjitisp^iclir, cia jio neipi'oafi ? Tlacc mbfio^a fon, atx
na hqifiDeach bfio^ a comicai'D, afi ni bta pi) a dfie,ajx
r\at qiba, ap, nach afia,afi nac aiqieaba; apa raifigeaUa
each ofia ceotjia pji each naile, p|i each caijif ee, po^i
eac fitrtjie.
1Tlbtvti5|vichc, .1. Tiecbc ptii btiuig .1. bfiiii^no if nro coiti "oiixseuu.
Cia |io neipi-oaiv? .1. cit> atiai\aice|i,no c.-o afia naifneiT)T:e|v efeic.
Hade mbfioga, .1. 'oifxiacoi'Do infe|vam'D in ni hifin. CCti na hotif,
neach brvog, .1. icifv peti ocuf atxbiJtx,.i. ap, na tva tpoiTif^sea nech peTumn
a comaiiihig. CCf. ni bia fi-o a cip.©, .1. afina boingep-o a|^eTla1n'D.
CC|t x\at ofiba, .1. aitibe'oa na naile'oa.i. cigeanx). CC|v nach atia,
•1. axi na T>ef\na a aTv* CCfi na£ aicjxeba, .1. a uigi, no aite, no a maille
OCfva caiTigealta each .1. co cuca ca6 gelt i;oiTiitned pfxi each cinai-o
^o mac a cechfia im 'out cafv In aile. pofv each cai T^f ce, .1. pp.if ca6
capfvafcae, p|\i cad cae 'do nioro caitiif • P o fi c a6 |tu 1 |ve , .1. p>Ti each
liofiich "00 nlac
.1. CCzaw reoyia fealba na beiiaeoD ba •DOTja liib caitaib fco,
.1. tiu-D, octif iioilbe, ocuf foac zuwtu If foii^aib f cinai* fnn fin,
uaif, ifa nf^iinT) -00 cac ceocfta olceana.
T^ofia catte f il 'oo ceatf.a ; nf coibeif affieancroap,, .1. caite
caf. aif,be, ocuf caite T;aifif ce, ocuf caici f.uif.i'oa. XUoct caite
cap, aifibe, ocuf Wt) an ime icifi cac -oa comitach, if let catai-d
> Two *icrepalls,* — That is, to secure the obscn'ancc of the common usage. This
pledge was hang upon a rack in the neighbour's house at the foot of his bed.
Yid. p. 75, anU.
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JUDGMENTS OF CO-TENANCY HERE. 1 25
trespass. To the person who owns them, i.e. to the person to whom they Judo«
have done damage. Both as regards * dire Mine, i.e. the three equal bulks, mbnts op
Compensation, le. of the grass. axct^'
The *smacht*-finc8 of co-tenancy, le. the thing which is commanded '
in .the common tenancy, the * smaoht*- fines, i.e. sacks. What is the ^
substance of the liability, Le. compensation for the thing which is
damaged. For there is no ^smachtMine, &c., Le. for the thing which is
commanded for it is only for the sake of compensation for the substance of the
liability, Le. sacks. Grass at the side, Le. lengthwise. Or at the end
i.e. shortwise, or in breadth: Is the substance of the liability, Le.
compensation when it is it that has been injured.
Faxm-law, why so called ? That is the law
of farms, that no one may injure the farm of his
neighbour, that he may not cut down the wood of his
land, that he break not, that he may not plough it, that
he may not inhabit it ; for every man shall give
additional pledge for his cattle in respect of every
passing over a fence, for every breach, for every
rushing over.
Farm -law, Le. the law for the farm, i.e. the farm, or the regulations which
are required for it Why so called? Le. why is it so called or denominated?
The law of farms, Le. that is, this is the regulations of the land. That
no one may injure the farm 0/ kit net^A&otir, Le. either in its grass or
com, Le. that no one may injure the land of his neighbour. That he may not
cut down the wood of his land, Le. that he may not cut the wood of his
land. That he break not,Le. the stakes or pales, Le. of a house there. That he
may not plough it, Le. that he may not till it. That he may not inhabit
it, i.e. <^li« may no^^vjTon it his houses, his kilns, or his mills. For every man
shall give an additional pledge, Le. tliat every one may give a relieving
pledge (a pledge toorth two ^tcrepalh'^ to insure the payment oftheJSnetimpoted) for
every trespass which his cattle commit by going over the fence. For every '
breach, Le. for every crossway, for every passage which they make over it.
For every r u ahi n g o v er, Le. for every great running over it which they make. ^
That is, there are three lands in which cows are not fined for these
trespasses, viz., a trespass in a wood, a trespass, in a moor, and a
* foach-iuaithe '-trespass. Their trespass is condoned here, for
every kind of cattle may be in a wild place.
There are three, trespasses of cattle ; they are not equally paid
for, viz., a trespass over a palisade, and a trespass by a breach, and
a trespass by rushing over. If it be trespass over a palisade, and
that there is a bad' fence between eveiy two neighbours, it is
* Bad.^Yot < om * in the Irish of this line^ and also of the next line, G. 80, reads
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126 bfieocha Cotnairhcepa CCn'Dro.
A^m^to^y ^^ "^^' ^^ conltii cm anfine in cotaij. 1Tla|iob afi aile In fixi t>eD
Co-Tkn- a at -DO •Di^fi'D, If o-Dcataig pi anT), aft nf fogna laitn a laitn
^*^'. muna -oefina ap. fei|ic, no cfif omain, no r|ii uigefinuf . If "oe af-
|itib|ia'D ; Inpia |i6fiii aD^afia coim-Di^ceiv ma eije.
Caifi — 001*06 caip.fce? Caijachr: zafi r^ilb no tap, a
TM. Txifijifce 'Dona, 'Dtil capr txoT), 'Dul rafi abinT) na
be ffiam 'ooib. Caifiprce cap, pas rieireap^ua.
Cdi|v, .1. cofnoiixcim (Daici in capttif cae .i. cae cai|Wf. t^oigaclic,
.1. cCaigaclicl -Dap •Daaiyicenn, no tmxii ceit|\i oitiiein'o. T^afi. f eilb
.1. T>aTi |?ep.iinn in booifie .i. ceofia Tx>iix5e ocuf ufidaii ptefcai'6. tl o cap
a -01, .1. cap -oa t^epon-o. "Dtil cat^ tio-o, .i. tetpach caipfce i n-oul
cap tetcloD in poic .i. co let ime .i. pfii hime amuich. "On I cap
abni'D, .1. ap spen^ l®^ n^o ^^^^ copanecoDap ann. Ha be fnam
T>oit>, .1. mcrofnam 'Doibif pach aiplhnein-o. 'Caippfce cap pag
neifeapca, .i. cap peTucnn tn ci eipgef af a ppc .i. in ceippc.
pap pa 5, .1. cap pc .i. cip.
.1 . CCcoit: T)ono q[\i raip|ifce .i, caipfce cap fio^, ocuf caifif ce
cap, abinx), octif catppf ce cap comtta^. TH od caipfce cap ai Wnx)
T>oniain nabe cpeoip, if dgcacaig pi ann, aptif gleic -oap, fn-opic
inn pn. T[\cco caifip,fce cap, bqina cap po-o, "oo ctiic ceach-
fitifnite fpipn pop, calmain, octif afpeanap, an aiU, aptif lee T)0
piUaib, an aiU 'oo 'ooeb'oa'oaib ; a lee na pxiUe panncap, arapu
i rxve. TTla'b caippf ce cap comicac aipm f mbiaTft -oa cpeabap itn
eT>cpeabap, if fe* in cecna -oono; pannait) a paill acappu in -Dag
ime } nf legaT) f me foppa ne"Dcpeabap. If fiiiip,tti lapmoca pn ;
octif If cacai3 na fpicgaib fola, ap ni 'olegaji imtiainfi folo^
> Ina ei$he» — ^This pbram may possibly mean, " What exists before it is prohibited
is maintained afterwards."
^Aircenn. — ^A piece of land containing 7,776 feet, or half a * tir-cumhaile.*
•Half fence. — In O'D., 2179— the gloss runs thus,'"'Oul cati pocc
.1. eipic cai^ipce cap, let Ime i nT)ul cap, leach cla'o inpoi'D, &c Going
oyer a road, i.e. the 'eric*-fine for a breach over a half fence is due forgoing
overonewall of the road. Going over a river which they have not to
swim, i.e. the * eric *-fine of a breach over a half fence is due for this also. AVhat
makes the breach here the same as passing over land is, the going across the road
which has only half a fence, or across a river without swimming, and there is full
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JUDGMENTS OF CO-TENANCY HERK^ 127
estimated at half trespass, for the bad fence lessens the trespass. If J^^^y^
they have come over the fence of the man whose property they ore, Co-Tex-
it is full trespass, for " Hand in hand does not profit, unless it has ^^*
been done for love, or through fear, or through. lordship." It is
from it was said : "Inpia resiu adgara coimdigther ina eighe."^
Question — ^What is a breach ? Passing over one -
land, or over two. A breach is also going across a
road, going across a river which they {the cattle) do
not swim. A breach is going over tiie land of a
deserter.
Question, i.e. I ask what is * tarthua-cae*, i.e. the waj^ over it. Passing
oyer, i.e. passing over two * aircenn *-]ands,' or over four * aircenn '-lands. Over
one land, i.e. over the land of the *Boaire*-chief, i.e. three ^ forrach'.measures, and
the cast of a rod. Or over two, Le. over two lands. Going across a
road, Le. half the fine for breach in jcoing over one 'wall of the road, Le. with
half a fence, i.e. with a fence outside. Going across a river, Le. what they
have crossed in this case founds a claim of Jmt equal to that of half fence.'
Which they do not swim, Le. if they have to swim it, it \b (amaunU to)
fine fdr 'airlim'-trespasa. A breach over the land of a fugitive, Le.
over the land of the person who has gone away from his land, Le. the deserter.
Over the land, i.e. over ' fich,* Le. laiid.
NoWy there are three kinds of breach, viz., a breach across a
road, and a breadi across a river, and a breach across a neighbour-
hood.^ K it be a breach across a deep river without guiding, there
is fall fine for it, for it is grazing beyond what is lawful in that
tase. If it be a breach over a gap or across a road, the one-fourth of
it {the fine) falls to the ground, and the rest is paid, for half is due
for the neglects, the other for the claimants ; the half for the neglect
is divided between them in two. If it be a breach over a neigh-
bourhood of co-tenants where thei*e are two residents and one non-
resident, it is the same thing : they divide the neglect between
them, of the good fence. No fence is charged upon the non-resident.
It is ' ruiriu '-trespass afteinvards ; and it is a trespass that does
fence to the grass into which they go^ or a half fence, for the river or the road is
equal to half fence.**
Dr. O'Donovan observes here. — '^Thisgloas is also defective, and should run
thus: — Crossing over a road which haa only a half fence, to commit trespass, or -
over a shallow stream, which the animals can cross without swimming, is equal
to a breach over a half fence ; but if the river be so deep as not to be crossed with-
- out swimming, or the wall of the road a perfect fence, they are equal to full fence,
and the breach over them is accordingly estimated.**
^A neighbourhood. — That is, a settlement* of co-occupants, or co-tenants.
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/
I -
128 biieoclia Coniaiclicera OCn'opo.
Judo- -do comiread pyii nf bef lia occtifi .1. na ceicfii comitatt fma biax),
MKMTS OF «.
Co-Tf.s- ^^^r ^^ cetc|vi ecomiuaij aT>a tieaf cmi 'ooibp'oe.
ANCr.
Of aifitn 1 mbiax) 'oa comafiba qxeabap, ini eofeajir,
aT) 'DO gniceap. pjii lieif ea[ic 1 ^aibeaT) imme co nimctia,
or muna be qieabaT) inpop^air laif jgaibceaii a pne como-
^aif vo CO nimctiaaT) eipre, no concafi'oa'D peji'oilfe co
ceann mbliaDtia- TTlcro pe|\'Dilfe 'oo'bqxa a pine, im-
pean ceachcajx in 'oa comajiba ogntme, ocup 'Do be^iax)
comaifieam in'D, ocup 'oo aip^^ealla each 'Dia p.aile ap
lafitini.
Op ma 'DO ci eipeapr co rjxeabatiie laip a nedcaip,
cefD 'DO chum a pine, polonja'D co cean'D mblia'Dna, octip
ni Dia qieabaifie po[i|ii5 ma ci[i, ocup ip 'DiLeap 'Do
uite*
Of 01 Tvm t -I* op an actif , ocof oitvm boile nT>in()n>, 1 mbioc -oa coimecai'D
0|iba cp.ebati 1 peiianT) in ci eifigef a-pa pfic, imon efOftc .1. ice -do emetic
'Deii\5e amechtif, ocuf ei-pefix; capcnani Tnetai|% Ci-o •do gniceari, .1.
qvec-DOTiiceTiT^ipin ei-pejii^ Pt^i heif eayii:, .1. a-p a pijic. ^aibea'o
imme, .1. gabaiiv achsabail aip.e co n-Dejina ime emcoit^, •!• cotia ime in
cae If coicechca "oo. Of muna be, .1. mana fioib rTieabaijve tna)ivf
aia. Saibceajvapme, .1. gabari achgabait -oon ci if compocuf -do
•Don fine. Co nimcuaaT), .1. co n'oeivnac ime enicoi|v. "Mo concap,-
•oa-D peii-Dil/f e, .1. co cucac -oitp in peoip, afi pocb|iaic, .1. in pine. Co
ceann mbtia'onaj.i. a|\ |xe no pocbi\aca. ma-o pejvoitf e,'.i. ma
•Djtfi In petvain-D -do befiac In pine ofv |X)cTicnc "oo caitem in peoifv. 1 m-
pean ceachcaT^ in -oa comafibcf, .1. imfo .1. i]i|\imeT> cecYica|\t>e in
x>a coimecai-D oyxba fuit Ime, co tioib ime comlan ann. *Oo betiaT), .1.
T>obeTittc aiTxem ctimai-oe In-o im ctic|\uma. "Do ai fseallat .1. •do beiji
1 Ktarat to them. This ccininentary is exceedingly obscure and difficult.
• A dtterter, * Esert,' is a landless man, a fugitive, or evader of his dnties.
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JUDGMENTS OF COTENANCY HERE. 129
not involve reciprocal duties as regards goods, for reciprocity of J»n>«-
goods is not enforcetl by law in the case of neighbours exceeding c<>-Tkn*
eight persons, viz., the fo\u: co-tenants immediately round about, ascy.
and the four non-co-tenants, who are nearest to them.* "'
And in a place where there are two solvent land-
holders, and a deserter/ what is to he done with the
deserter? Let him be distrained until he fences
(makes Ids fence), and if he has not a habitable
residence, let the next of kin to him of his family be
distrained until they make the fence for him, or give
up the right of the grass to the end of a year. If it be
that the family give up the right of the grass, then let
each of the two 'coarbs* of the families occupying the
adjoining lands erect a perfect fence, and they shall
bring equal stock upon it {tlie land), and afterwards
each shall give the additional pledge to the other.
And if the deserter come outside having -with him
his cattle-farmer's requisites, he goes to his family,
and they sustain him to the end of a year, and the
part of his farmer's requisites which anive in the
land are all his property.
And in a place, I.e., * os/ for * acua ' (and), and * airm,* means'place or locality, *
».«., where there are two solvent landholders in the land of the person who goes
away from bis land, or the deserter, Le., there are two kifid$ if deserter^, a duerier
who deserts his land, and a deserter who evades responsibilities. Whatisdone,
Le., what is done to the deserter. Adeserter, i.e., ' as * (out of), ' a firt* (his land).
Let him be distrained, {.e., let a distress be made upon him, and let kU
ffoodt he distrained^ until he makes a proper fence, i.e., until the fence is in tha '
way that is legitimate for it to 5& And if he has not, &c., Le., if hehasnot a*
habitable rewdebce. Let his next of kin be distrained, Le., let seizure
be made upon the next of kin to him of the family. Until they make the
f en ce,Le., until they make the legitimate fence. Or give up the right of the
grass Of ^Aeroit, Le., the family. To the end of a year, Le., for the term
of the hire. If t< bethatthe/amily give up the right ot the grass, Le., If
it be the forfeiture of the land that the family consent to* for the hire to consume the ^ Ir. Cire,
grass. Let each of thetwo*coarbs* erect a perfect fence, Le., they fence,
Le., both of the two landholders who are adjoining it, shall make a fence, so that there *
shall be a perfect fence there. Sball bring equal stock, Le., of cattle, Le.,
they shall bring a common stock there into the deterter'e land in equal proportions.
Shall give the additional pledge*, i e., each of them gives therelieviug
VOL. IV. K
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.130 bp^ecccha Comaidicepcf OCn'Cfo-
JuDO^ each -Dib gelt coifittnech -oa oeile, af iaTiQCtn» .1. 56110)0 |H:p.epall. Com-
MKscTOor ai|>,eoin, .1. •ooin'Dillib. "Oia ti.aite,.i. acirinaeijpeTiccc
ASCT.' ^f ^^'t "^^ ^^ ei|»eaTic,'.i. of afi acu|», ocuf ma -oia ci in cei|^p.c.
-— — atnuich -oia nech-oaixi co|» ani ipctiebaxi "oo loi-p •oo-dtiu'o. X^ei*© •00-
chtim ct pine, .1. ceit ayi Cic, cic 'oo cum a pine bot>^m. potitonga'D
CO ceanT) mblia'ona, .1. impoilngiT) a ptne be afi pochpxiic co cenn
mbttoDna, .1. op, in tie bif in peatiann afi. pocbtiiiic, .1. 'Dpeoi\ ocii-p'oiiipce.
0*D. 218d. 'Nt'DraT;fieabaiTie,.i. [T>o'Denx:aib]'DoaiTibe-Daibocupx>oaileT>aib. Vo|\
111 5, .1. aitis^ce^v afut din-o In petuxnn. If -oileaf -oo iiile,.i*'D<m
efefrC ; ocaf afi T^e na pochtieca cdinic ambich he ann rrn, ocup in po6|iaic_
0*D. 2183 T)on pine, octi|» na 'oenca, [na ha|\banna ocuy* na cige], "oon efep-c
.1. In can bioo •6a Cjieabaft (m eT>q>eaba|i, ^aibeoro eifte, •oia.
naififeoD ; mana aijip eoD, ^aibeoD ap. pine commicuao pp.iti ci|\
a mbjvatap;, octjf co -oaftDax) -oilfi pep, gleiche co ceann mbliaDna,
ocuf -Dilf 1 cac let earapba y^u hime, ocuf oDapa^oD m va com-
itadiaptin) amuil bi-o leo pa-oefin, ocuf caip^ealla ca6ppi p,aile.
CC fmateacpa, 1*0 ^ealla •oopex), it) foige ; .1 . geall |?p.i bfme, -pama
(.1. a ciji buic) ppi claif, fcp^pall a pfu, octif a leogoT) aen
featc; foc -pp.i copai J, pcpepall a ptti, ocuf a lea^o* pa qxi ; bfail
|?pi •otiip-ime, .1. a leosa-d pa X)i> 50 p,a piu pcpepall; pgba ppt
|:eln)a5, no ppip in naile, p cpepall a pftj, ocup a leagaD pa -of, no
piuaile no beoleagccb. IJapcogcep, na pina6ca po lapam.
O'D. 2183. [In ueipepc ip be a aitne: Duine pant) bip imp. In "oa comopba
cpe na qfi^buipi ; gabup achgabail T)e max) za\z peoiu aice ;
po^ellca ocupblet T)i T>til fna cean-o, ocup nf teiu lobu. THtina
puilic peoiu 0151, atgabail do ^abail 'oia fnbleo^ain, ocup pogeilt;
ocup blet vo Dul ma cenn, ocup nf tbeic lobu.
THa cainic in ze\^\iz amui§ lap, pin, cabpuic a p'ne peapanx)
t>o p^ p.6 na pocpeaca, ocup bepaic pfne fn pochpaic, ocup nf -oia
rpebuip,i ^-opfc ap, a ^in-o do bpeit Don eippepc. TH cro ra pepionD
aeon pine, ocup nf cabpuic Dopum, a pocbpuiCDo bpet Don lucu
amacb, ocup fnf na po Dilpig Dligeo. do na Dencaib, cennaigir;
> To each other. — The text it vety defective here.
' F^ued. — * Leagadh* means, literally, ' melting.* The iiiBtrnmeiits mentioned here
were to be prepared by fusing the metal, the hanlcr the material to be operated
en, the more numerous were the fusions of the metal forming the implement, and
consequently the more valuable the instrament.
* K.rpente ^if tending, — The wages paid to shepherds, or caretakers of the cattle.
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JUDGMENTS OF CO-TENANCY HERE. 131
pledge to the other out of it afterwards, Le., a pledge of the value of two 'sczepalla.* Judo-
Equal stock, i.e. of cattle. To the other. i.e. oat of theland of thedeserter. ^^ ^'
And if the deserter come, i.e., *os,^ for 'acus,* (aq<1)i and if the deserter
ASCY.
come outside the land with the numher of cattle which renders him solvent. H e
goes to his family,i.e., *he goes,' for *ho comes,* i«. he comes to his own
family. And they sustain him to the end of a year, i.e., his family-
supports him for pay to the end of a year, i.e., the term during which the land
is let for hire, i.e., with grass and water. The part, of his farmer's
requisites, i.e., of erections, of stakes and of poles. Which arrive, Lc, which
are required of him in the land. Are all his property, Le., of the
deserter; and after the term of the hire he came outside in this case, and the hire if
ffiven to the family, and the erections, the com crops and the houses, ffo to the deserter.
When there are two men fulfilling their dutj, and one who
does not fulfil his duty, let them distrain him, if 'he bis property;
if he has not propei^;y, let them distrain his family until they
fence thoir brother's land, or* until they give the right of the *^'* -^"^
gnmng to the end of a year, and the right of every half separation
respecting a fence, and the two co-tenants afterwards proceed as
if it (t?ie land) was their own, and they deliver pledges to each
other.' The 'smacht'-fines now, which they pay, ai-e the pledges
which precede, Le., they are these, Le., a pledge for fence slakes,
a spade, Le., in soft land, fcMr a trench, a ' screpall ' is its worth,
and it is to be fused* (meltei) once ; a ^soc' for a stone wall, a 'screpall'
is its worth, and it is to be melted thrice ; a bill-hook for a hard
fence, Le., it is to be fused (melted) twice, so that Jt is worth a
'screpall'; a wood axe for a ' felma '-fence, or for a palisade, its
worth is a * screpall,' and it is to be melted twice, or to undergo
long-heating, or live-melting is to take place. These 'smacht'
fines are made binding afterwards.
The deserter is thus known : a weak person, who is situated
between the two ' coarbs' that do their duty; he is distrained if he
has 'seds;' the grazing and the expense of tending* shall be
added, but forfeiture sliall not be* allowed. If he has not ' seds,' '^' ^^'
distraint shall bo mode on his next of kin, and expense of grazing
and tending shall be added, but foi-feiture shall not.
If the deserter has come from outside into the territory after
this, his family shall give him land during the term of the
hire, and the family shall obtain the hire, and the part of his
farm-buildings which he may have found on his coming back shall
be obtained by the deserter. If the family have land, and they give
not o/it to him, the hire is to be obtained by those wlio are outside^'
and the portion of the erections which the law has not declardd
VOL. IV. K 2 .
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132 bfieaclia Comaichcefa CCnT)ix).
« Ji/Do- pne 'DOftim. TTluna pjil ^iictit) icitv ac pne, comfioifimc in|i
Co^EH- T^ ^^^T fciocap. T)oti pocfitiic, octif cenDca'DfUfn |r6in i>6 fnf na
Asfcy. |U) Dilp Dliget T)o Titt Dencttib. TTld td jpeafian-o ac ^ne, ocuf nf
- * ^abtinnfani, if cofn|xoinT> iriji ix6 oouf faoT:haj\ von po^mc,
ocuf Tif beip,fimn tii do na •ocncaib.
TTldf |X)ft 6in •do fioccrt in feaftcmn, ocuf nffv cinT)e6 fi6 aifii^te
fai|i, ciD faT)a bef pai|i, cit) fie Detbifiiuf cit) |ie hiii*Detbifiiiif
Deadaf , if a •oeiica do fcq^bait do.
THafa faogiwrt oca paifi, aD fie Detbifxiiif aD fie hiHDetbi|xiiif
DO gneit, if a Denca do bfieit do leif .
TfldD fio cinDe* fi6 faifi, octjf cdinic In fie, if a Denca do fo^bait
DO. THaf he f€in do coit aff f.e Detbi|\iif , if comfiofnn irift fie
octJf f aotap,. TTlaf a ninDctbqxuf do coit aff, facbtiic na D^nra,
TTlafa fuo^fta* acd faifv, cid if in 16 Deii6enach ftio^uficaix
d6 1 nfnDetbiftuf , beifiiD leif a ^enca.
TTldf fie Deubifiuf fto fuogfio* d6, if comjiofnn icifi fi6 ocuf
rfaochuft. TTlaf do tuaft no Dailech fxxifi do fiaccat, ocuf rna-d
fio cinneD |i6 fxiifi, if a beit f ofi in fi6.
TTltina fio cinne'd fi6 faift icifi, if aifiDtfief comai^feech faifi,
TTlaf fi6 caitem a"feoift ocuf fiia cfiebuifie do fiaixat, if rfifan
each mil foji a mbi In p be.
TTldf fte caitem fe6ifi nama cuca6 he, if fCji arai§ fe6c mbu
1 cfft a d6ili, poft fo^tiib fn fecrma* boln Dta blioDUin, ocuf loj b6
DO daoiftib nd rafiD f o|i difiD do bet a f oeirfedc ai^i.
TTla* fio a6cai§ cin a|i, ocaf |io haifie*, if Dilfi fn aift co na
fil, ocuf CU1C feoiu. Tllunap, accatje^ ctn afi, if fldn, ace In nf
Dia rftobuifii fo^\^iicc ap, a cniD fn a rift, if Dilef d6.
"Oufne fo |iif ndd 6idii\ f uba na fiubu a fefiamn do Denam,
no cit 6iDtfi noca ail l^if a Denum ; coniD cd do nfchcfi ^iif
' /nrrecwf.— -That is, which increases Iq size, condition, &c
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JCDaMEXTS OP CO-TENANCY HEUE. 133
forfeit, th3 family shall purchase for him {the deserter,) If the Jimo-
family have no land at all, they equally divide the hiro between 00^*^
the time and the labour, and he himself purchases the portion axcy.
of the erections which the law has not confiscated. If the family
have land, and he {the (feacrter) would not accept o/'t^, the hire shall
be divided equally between time and labour^ and he shall obtain no
portion of the erections.
If the land has been let for hire,* and no time has been specified, ? Ir. Loom.
whatever length of time he shall be upon it, whether with necessity
or without necessity he goes, he shall leave behind his ei*ections.
If' he is noticed to quit, whether it is done with necessity
or without necessity, he may carry away his erections with him.
If a term has been specified for him, and the term has expired,^ ^ If** Come.
he shall leave his erections behind. If it is he himself that went
away of hie cum accord with necessity, it (tlie value o/tlie buildings)
is to be divided between time and laboui*. If he has gone away
without necessity, he shall leave behind the erections.
If he is noticed to quit, though he should be noticed on the last
day o/his term without necessity, he may carry off his erections.
If he has been noticed to quit by necessity, there is to be a divi-
sion between time and labour. If it (t/ie land) was given him
for manure or dung, aod if a time has been specified for it^ it
shall be according to the time.
If a time has not been specified at all, it shall be settled by
the award of the neighbours. If it is to consume it<i grass only^ •
and for forming erections it was given, it is one-third of eveiy
animal on wKich there is increase'.
If it is to consume its grass only it {the land) was given, he is as
''a man who has placed seven cows on the laind of his neighbour,''
the seventh cow shall be left as payment at the end of the year,
and he has in reserve the value of another cow in sheep, which he
does not bring into the account* '• !»•• ^rw9
If he has stipulated not to plough, and it has been ploughed, the ^^*°^ '
tillage and the seed are forfeited, and five * seds'. If no condition
has been made as to not ploughing, he is free, but the portion of
his farm buildings, which he found on the land before him, becomes
his by right.
A deserter. This is a person who is not able to perfonn service
of attack and defence for his land, or though he may be able is noi «.
willing to perfonn them; what is dose to him is to give him notice .
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134 bjxeoclia Comatchcepa CCn'Ofo.
Jvpo- (xp<jn) ocuf rftofcort -00 tatxii|\T: atfi, ocuf och^abdil -oa ^abdil T)e
Ckv-TKsr- icc[X fin ; ocuf tioca tiuil cinne aijvigci pofi In crchgaboil ffn, ace
^^' ccchgabail Da faotlce[\ d ciaccafn fte -oliset, octj f c6c fo^eilc ocaf
blet ina cenn, ocu'f ni teic lobu..
ITland buil qxo* aigt f6in, rabfurt apo* tx)ti inbteogam if
neafa -06, ocuf oub^abdil -do gaboil "oe lOf, fin ; ocuf noca
nDeimnafubu ocuf fitiba fn feyiamn ; noia "oilpDe fn fe|iann T)on
CI TK) T)enaD f ubu ocuf fiubti.
TTlafeTo tm) fifn-De fn ffne in fea|iann -00 cabaifvc ccp, fodfxtiic,
moD cdinic fn reifcftu am{ii$ tap, p,5 na fo6|iaca, twtfi na
fochfteca -oon ffne, ocuf ni -oia qfiebtufve fofifticc ma tift, if
T)(lef -odfan .1. vo eiffefic.
tPaf |\e fi6 na f oqxaice cdtnfc amiii^ tie, Denaic (n ffne a
Imfultin^ 511 rf In fi6 ; octif ma T)o beifi in ffne feoyvann d6, ociif
geibi^fium fn peafvann, -oilfi na fochftuice Don ffne, ocaf Dilfi
. na nD^nxxx Don eif fe|ic.
TTItina tabfiac fn fine fn feafxann do, ocuf oca feofionD acti,
cctif ^efbifim fcfuxnn, aifec na focfteca 6n fine omac, octif
fuafluiciTX fn ffne a D6nt;a ocuf a feoixa Doftim.
HloD caift^iu in pne fcfiann d6, ocuf nf hdit Ddfam a ^abail,
ca6 nf fio DilfiJ f,e Don fo^fiuic biD aca pne ; cac nf na |io Dilfig
. Don foch|itJic fcaf om fiif fn feafi amac, ocuf beifinft fn fefi amac
na D^nca, no fuafltiiciD DOf tim iod. "Mo Dono, 6eana, cad nf fio
Dilfi§ fie Don f ocjviiic bi* aca fine, cac nf na f,o Dilfi |i6 Don
focfitiic, If a naific on ffne amach, octif beitini fn pea^i amach
na D^nca, no fuafluicfD lacc.
fnuna fuil feap,ann ag fine, ocuf fib gebti'Dftini fe^aann, cac
nf fio Dilfig fi6 Don focfiuic biD oca fine ; cac nf na fio Dilfig
|i6 Don foqiuic a aificc o fine atnach ; cac nf na |\o Dilfi^ fi6
DO na D^ncaib, beifviD in fcft amac, no fuafluice-oprii lacc.
pecqiann Diiine eile cuciifcaft ap. focfitiic annffn. THaf e a
fefMinD boD^in inictifcaft Duine aft f ocftuic, ace ma-b fio dnDUfcaf,
' Who U otUtidc. — Tliis seems to nieaa ** the man who holds the land."
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JUDGMENTS OF CO-TENANCY HERE. 135
by wanuDg and fastings and make a distress upon him afterwards ^ J(n>o-
and there is no certain restriction upon this distress, but that it Co-Tx5-
shaU be sttch a distress as that it may be thought sufficient to induce ^^^*
him to come {mbmit) to kw, and expense of feeding and tending
shall be added' to it, but forfeiture is not added* ' I'- ^^•
If he has not cattle himself, let him give notice to his nearest
of kin, and let distress be taken from him afterwards ; and he has
not performed the service of attack and defence due of the land ;
the land is not more the rightful property of him who should per^
form service of attack and defence.
If what the family has done is to let out the land on hire, and
if the deserter has come outside after the term of the hire, the hire
is due to the famUy, and that part of his farm requisites which he
found on his land belongs to him, i.e., to the deserter.
If it is before^ihe term of the hire he has come outside, the
family shall support him until the expiration of the time '^ and if 'r-^ ^»'</
the family have given him land, and he accepts of the land, the comii!^
family are entitled to the hire, and the deserter is entitled to the
erections.
If the family do not give him the land, when they have land^
and he gets land eleew/iere^ the family shall return the hire oat|
and the family shall redeem his erections and his ' seds * for him.
If the family have offei*ed him land and he is unwilling to accept
of it, every part of the hire which time has rendered forfeit shall
belong to his family ; every part of the hire which is not forfeit
shall be paid to the man who is outside, and the man who is out-
side^ shall bring away the erections, or they shall be redeemed for
him. Or indeed, according to others, every paii; of the hire which
time has rendered forfeit is due to his family, whatever part of the
hire has not been forfeited by time shall be returned by the family
out, and the man who is outside takes the erections,* or they {the
others) redeem them.
If the family have not land, and he (t/ie deserter) obtains land
elsewhere, whatever part of the hire time has forfeited belongs to the
family ; whatever part of the hire time has not forfeited is to be re*
turned by the family out ; whatever part of the erections time has not
forfeited the man outside takes ; or he {the deserter) redeems them.
It is the land of another man that he has, in this case, let out
on hire. If it be his own land a man bto let out on hire, but so
* £'redioR«»— * *0^ca * meus houses, folds, sUlK sheds.
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136 biieadia Comaichcefa CCiToro/
Judo- ^^ aifiirhe eaTnj|i|iti, C6imi'6 tfin -oa^ia c^c Id 'oei'oenad •oon t\6 fio
Co^Tex- pogtiiita he a Tifn-oetbiftiuf •oon f^afianti, in ^chfiiiic octif na
AKCT. t>ent;a tk) bfiet vd I6if , ocof ciamaT) ifiti T)a|ia c6c Id •oei'oitiach
XiOX\ |\6 T)0 'Deachaftim a Tifn'Detbi|xitif T>e, fn |X)dfititc ocuf na
•oetica T)6. TTla camic •oetbiftiuf tk) tieaccafi De, if comfiofnti
iwii fi6 octif uf aochtifi 'oon focfiuic octif 'oo na 'oencoib.
CC|\ fodfiaic mctifcaii •ouine a peafitinn antifin, ocuf tnaf t)o
T>eT)aiD -D^tira ai|i xnicufraft he,'aq: md fio citintifcafi |\e aifiirhe
ai|i eacti|xp.ti, cit> |ie 'oetbifitif cxv |ie hiTToetbifitif focafxta 6ipum
•oon peafiann, if x\a T)enra uile 'Oo b|iet •odfum leif .
TTlcrD fio ciiiT)U|Ta|i ft5 ai|iite ecuvifiti, ate tncro ta a|i fn
pefiann he fiifin ft6 fin, if -oilfi na n-o^nca Dfep. btinai^ In
fefiainn i f ofibu na ii6. Tie T)entitn T>enra ai|i ctictjfca|i •ouine a
feafvann an*D fin. TTlaf |ie 'oenom zuwKi no aoilec ai|\, ate
mat \\o eim-oeiligafcayi fi6 ai|iite aiji, in fea^ann -do bet ac on
fi|x amuig ]aif in |i6 fin. THunafi dnnefcafi |i6 aifiice eortiviliti
ici|\,fn fea|iann do bet aeon fi|i aniui5,no 511 mca^ fie a taaif\
n6 a ailig aff .]
Rtiifiiu'D 'OOTio, fiich zaji reofia fealba, no ceiceofia
fealba. 0T)ccR:liai5 anT) ftn, qitJf 65 in polluga'D.
HtufiiT) fiaice 'Dono, ^xiuh rap, qxi haiti[c]eann ceofia
fealba; if fxtiifiitiT), ocuf ip polluga'D, mtina imje
•oeichbijie.
Tluip.iu^ "DO no .1. tfe cuic in •oono ann, uain caip.tifce a'oubnomiaTX
nomaiti'D. 'Cafi i;eo|ia f eatba .1. cai\ reojxa feyianna .1. boaijxech.
Ho ceiteojia fealba .1. cap, ceitp-i v^'T^o^^^i^b. O'ocachaig .1.
cm <)5, cin comlan 111 mhifin, .1. aiixUme. CCn«f ^5 ^n fottugar*,
.Mf comton in follusaT) fin "oo na buachaiHib, if ime aca etjifc oomlan
in-o. HuiiiTD n^'ti^® -1. n-^ch |vo faca-DO 'oenani -ooib "oono, no |\eini-
nlgu-D-ooib •oono, CO |vo paca. Rich can ^U* hain[c]eann .1. ^iich
can Pn ^^^^ ceoficc f enuTn). 1 f n u 1 n ' ^^ "^ •'• T cip-ic n^i-oiToa inT). 1 f
foltugaT) .i.if paill OS TK) na buachaillib. mana imge T>eich-
bin® 'I- niana poib •oeicbbip.tJf aca neinroicin a mbuachaille.
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JUDGMENTS OF CO-TBNAKCY HERB. 137
as he has specified a cei*tain time between them, even though it Jvdo-
should be on the second last day of the term he has been noticed of ccTssi*
necessity to quit the land, he shall bring the rent and the erections amct.
with him, and though it should be on the second last day of the « ir. Qftke
term that he was warned off ^ the land without necessity, the rent '"^•
and the erections are his. If necessity has happened to either o{ ^J'
them, the rent and erections are equally divided between time and
labour.
It was for hire a man let out his land in this case, and if he let
it to erect buildings upon it, but in such a manner as that he has
specified a certain time between them concerning it, whether it was
of necessity or without necessity he {the tenaiU) has been warned off
the land, he may take all the erections away with him.
If he has specified a certain time between them, but so as he
has been on the land during that time, tlie erections are the pro-
perty of the original owner of the land at the expiration of that
time. It was to make buildings upon it a man has let his land in
this instance. If it was for the purpose of making manure or dung
upon it, but so as a certain time has been stipulated concerning it^
the land shall belong to the '' man without " during that time. If
he has' specified no particular time between them at all, the
land shall belong to the ''man without" until the time of his
manure or of his dung has been taken out of it. ^
Running over now, means running over three hold-
ings, or four holdings. Th^re is full fine for this, for
the neglect is complete. But a very long running
names running over the three head-lands of three
holdings; it is running over, and it is neglect, unless
necessity excuses it.
Sunning over now, i.e. the force of the *now* here is hectnse it was of.a
'tairsce'-trespass we spoke before. Three holdings, ie., over the three lands
(/arms or holdings^ Le., of a 'bo-aire*-chief. Or four holdings, Le.* over
four lands (Ao/cf«ii^j)L Full fine, i.e., it is full crime, complete trespass, Le., of
'airltm '-trespass. For the neglect is complete, Le., this is complete neglect
on the part of the shepherds, and it is therefore that complete *eric*-fine lies for it.
A very long running, Le., a very long running is made by them, or a running
by them to a great length. Running over the three head-lands, Le.,
running over the very extremities of three lands. It is running over,
Le., it is 'eric*-fine for running over, that is peud for it It is neglect, Le., it
is perfect neglect on the part of the shepherds. Unless necessity, &c., Le.,
unless there was necessity which well Kieens the shepherds.
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138 .bfieocha Comatchcera CCn'Ofo.
-mbT^' .1. CCuaic x)OTio cfil p,tii|ii'oa ann: |vuitiorap. ceojia fealba,
AKCT.
Cefc— COD a tni'of'oati p,tii|\e qfiadca octif fiaireP Miti; Co
paboroaft occ Tiuficofia -oec otto -do pleafcad. If e jiaiivitJ* fuxici
cmnfin octif zfiataXf afi ni raiii^eatla nead ^fxi fioite ia|v fin
a6c fO[\ line in-oftfc, no abann -oomain, no p. , no allao. .
TTla -DO ctiouufi na hm-oiUi cap, aen aipanT), no rap Da aip-
cmD, If ei^iic caipfce uaDaib anDj'maf rap q[\i aipcenD no
T^apr ccitpi aipcenn, if eiptc p^uipiupa oppo ann; ocuf ethaiu nf
ina peif ocuf ma naipUm, ocuf noco nechaiu nf ma p,uipiti*
O'D. 2186. na fna caipfce, [Ocuf ma do ctiaccap cap feapann gp^aiD no
cap, Da feapann, if eipic caip,f ce oppa ann. piad feifi ^eimpiD
a p.tiipiuD aofdde in geimpiD ; pad aiplime lae a p,uipiu* in
lae.]
Cafp. — CaiT>e an aijiceanT) ? — ^T^ofia paifige ocur tifi-
cofi plefcaig, if eifi'oe mace bunDfaige, a compaT) anT)
fin 'Dono X)o qiacc, Leach in in'op.tiie imme im fioD- Im-
pean cacb bep pti ocup anall, impoilngea'D ime inDfiie
ocajiiiti pamlaiT).
Caip.— rCia meiT) pmachca pil a comiceap? — CC'Do;
pmaelic in)e ocup ceaqia, genmoca caiche.
Ca meiT) caiche pi a comicheap? — CC ceofia; caiche
aile,ocup caice ceacjxa, ocup 'ouine caiche.
Caip cai-oe aiTvceoiro? .i. comaipdm caici aicTine na enpcin-oe
icip? tlpcon- flepcais, .1. ina vtiilUuT). If eifi-oe mace bun-o-
1 Spear-catt*,— Thai is as far as a ' flcscach '-youth could cast a wand or i«pcar.
^Iftht entile, ^c— The Irish for the first part of this paragraph is found on the
lower margin of col. 1, p. 4, of the MS. E. 3, 5.
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JUDGMENTS OF CO-TENANCY HERE, 139
There are iudeed three' kinds of running over; running over ^^^^^v
ihree possessions, and long running over, and running over a Co-Tsai-
strand. — *
Question — How are the strand running over and the road running
over estimated 1 — ^Answer : When there are eighteen spear casts^ of
a youth on it. That is road running over and strand i-unning over,
for no one shall give additional pledge to the other for this,
except over a lawful fence, or a deep river, or an inlet qfiike se%
or a cliff.
If the cattle' have gone over one headland, or over two headlands,
< eric*-fine for breach shall be paid for them therein ; if over three .
headlands or over four headlands, there shall be * eric '-fine for
running over due from them for it ; and they eat something in
their ' feis '-trespass and in their ^ airlim '-trespass, and they eat
nothing in their running over or in their ' tairsce '-trespass. And
if they have passed oyer the land of one of grade (a dignitary)^
or over two lands, the fine of ' tairsce '-trespass is charged upon
them for it. There is the fine for winter ' feis '-trespass for a
running over on a night in winter ; and the fine of an ' airlim'-
trespass by day for a running over by day.
Question — What is the headland? — Three 'forrach'-
measures,* and the shot of a rod cast by a youth, i.e.,
the spear-youth, the extent of that of the strand
is equal to half the lawful fence to a road. They
reckon the ditch on the one side and the other, so
that it makes the full fence, and thus a lawful fence
is sustained between them.
Question — How many ' smacht *-fines are there in
a co-occupancy ? — Two ; * smacht '-fines of fence, and
of cattle, besides the trespasses.
How many trespasses are there in a co-tenancy?
— Three. Trespass of palisades, trespass of cattle,
and trespass of men.
Qaestion. — ^What is a headland, Le. I ask hov is the headland
known? The -shot of a rod cast hy a jouth, Lc, in addition to it..
That is the spear-youth, Le., it is the ' ^easeach '-yonth, i.e., the boy who
• *Fbrrac&^-fl»ea«tirej. — The *forrach* was a measure of land containing 552
yards. (H. 8, 18, p. 146.)
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140 bfieacha Comaidicepxi CCtiDro- -
Judo- f ai ge , .1. i|* e In plepacti .1. mac T>iubTV(noef in nibannf 015. CC com fa^
MB2IT8 OF .1. a cotmec no a cuT^fiuma m ni pn a Tfiachc maTia,ci'o peyiann oili ati a
^icr"' ^^ reccnga'D •oechprc na hmT>ilti, biGnt) eitiic fiafDma in-o. Leach In
1^^' In'Ojiuic immoi.i. pnacc let Ime in'ofvoice a n'otil cafi t&t cIot) in fioic,
^f tan ime t?o|\|* in -oaiia ctuT) .1. -pe 'Dtii|vn ipn ctu-o ocuy* fe vmxvn ipn
dtioitte, .1. left Ime pop. ceccayi In -oa cloro. Impean, .1. oifvime'D
oa6 von let I'eo ocay^ 'oon lech aili iman tvoc, co fioib Ian fme (wo.
ImpoilngeaT) ime in'op.ic, .1. impoilngtceTi ime tiligtech ecaTip.a
amloi'D f in. OCcajifvu f amlai'o.i. ictfiln "DacUrD.
Cai |i — ci a ni eit) |*m achca? .1. aameic|nnacca tiilip in comaichecuf ,
i|* in naicha6af cumai'oe, .1. cia lin y^\f a cobap, f macca 1 comaichcef.
•8m ache Ime .1. in n1 fmaccaigceTi 1 n'oul cafi an ime. Ceatjia.t.
cechfia conboing pofi tKilnsen, no -oono otv a namain .1. in -oa fcfwpall .1.
in piach 'Dtinacaiche, no na meich. ^enmoca caiche .1. oenmota in
fmodc till 0 na •oalniB vo nioc |ii|^ in pefian'o .1. btii|^T> in aile.
Ca meiT) caiche.i. cia meic cinca "do mac na tiaine pf in pef^onn
\f in oichecttf cumai'oe. C ai ch e a 1 le .1. THXTiconT) a z\i\ tuaille. C ai ch e
ceatji'a .1. a cochria -do cutx inT> .1. na meich. "Dtiine caiche .1.
na cinca aili "oo mac na •oame |ii|» in pep.ann ina ecmaiy* pn.
.1. Cep: — Ccroicro caiche feallSa? .1. caichgf alaile ceramtif,
octif a caichgi px-oepn, aimpft imbi fioit caich a ci|ie ap, loing-
feadaib ocuf ap, conaib allcaib, ociif cochgl a fioice.
Cepj — Ccro tat) caiuhge aile ? CC nafDod ic i^ilb cene p)la aile
a nuifv, octif tiochuf a ime pofic lafif tiiT)itJ, ocuf -oilp neic fio
ofxcap, p)p,c raifiipn; octif irroilp neich fio o|icafv tiaic pipjiii.
Cin DO 6uaillf pofvc, octif t)o liac, octif "oo tlatp, ocuf -00
C|xanT)6e ; ocaf aa jiuibec, ocuf cia fio opac, aa |\obT)an).
Caite ceime r^pa; a let caice p>|vc ca6 aen bliaT)na, no ogdacaig
cac ap,a bliaDatn. *Oo bai-oec catue lia iroibaT) pa-Depn.
Cep:, rfia, — cit) pfiipx nafraicheti cdiue atle ia|i na n-oibuT) ?
CCT)aiiiT:e|x pfii cuimne f eancaD in^ftaice vo vo ai|X|iiuhep In ime,
-co clan-oa-o leo fn fme px qfit cen f ena,
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ANCr.
JUDGMENTS OF CO-TENANCY HERE. 141
casts th« rod. The extent Le. the same extent or the same proportion of the Judo-
sea shore, if the cattle should pass over it into another land lawfully occupied, there ^'^'I?^'^
shall he *eric*-fine for the runnhig over due for it Half for the lawful
fence, Le. the 'smacht'-fine for half the lawful fence is efiMfor going over the
one mound 1 of the road, it is full Jine for^oin^ over the second wall, Le. six hands ts
the keiffht of the mound and six hands is that of the palisade, i.e. half fence i$
reckoned for either of the two mounds. Thej reckon, i.e. for they reckon each
on this side and the other of the road, so that they make or amount to a full fence.
A lawful fence is sustained, i.e. a lawful fence is thus sustained between
them. Between them thus, le. between the two mounds.
Question — ^how many 'smacht'-fines? i.e. how many 'smacht*-finesare
there in the co-tenancy, in the common tenancy, Le. how many things are there
for which 'smacht*-fines are paid in the co-tenancy. 'Smacht*-f Ine of f enee
Le. the thuig which is commanded to be paid tor going over the fence. Of cattle^
Le. cattle which break through fastnesses, or indeed on being driven hreah/eneeSf
Le. the two < screpalls,* L e. the fme f or man- trespass, or the *■ sacks.* Besides the
trespasses, Le. besides the *smaeht*-fine which is paid by men for the trespasses
which they commit in the land, i.e. by breaking the palisades.
How many trespasses, Le. how many damages do men do to the land in the
common tenancy? Trespasses of palisades,breakingof stakes, Le. a 'dartaidh*-
heifer for three stakes. Cattle trespasses, Le. to put cattle into it, Lie. 'tht
sacks*. Me If trespasses , Le. the other faults which men committed regarding
tl\e land besides these.
Question — ^What are the damages of possessions) i.e. the tres-
passes of another person, in the first instance, and his own tres-
passes, when every territory requires to defend iteelf against
pirates and wild dogs, and the trespasses on his roads.
Question — What are the trespasses of stakes 1 To retain them in
thy possession without sticking them in the ground, after which
thou art responsible for the fence, and the right to the thing
'damaged is upon thee besides that ; and the making good by
thee of the thing which has been dainaged is upon them. The
default of thy stake is upon thee, and of thy flagwstone, and of thy
trench, and of thy stake-fence ; and whatever damages shall reeuU
th^r^om by goring, or damaging, or wounding.
As to tiie trespasses in respect of a passage ; half the fine upon
thee every year, or full fine every second year. The trespasses are
merged by the ' dibadh ' of themselyes.
Question — ^By whom are the trespasses of stakes established
after the 'dibadh' of themselves 1 They are restored from the
memory of a worthy antiquary by whom the fence was wit-
nessed, so that the fence was planted by them thrice without deniaL
i Mound. — ' Cladh* means a wall of earth, a dyke, but it ifl commonly translated
*a ditch,* as in the term, a *furze ditch.'
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142 . bjieocha Comctichcejia OCtiDro.
MExra (F ^^^ — ^^'^ clannaf aite ? Woil octif luccil.
Ck)»T«3^- Caifi — caf-oe luaill? CCile in irfie pa q\i ceti fena. Of moT)
^^^' fenaigce]! cife noail no clanna? Luga -recmca innp.ice p'a-o a
mmcu. Op muna beT) i^ancaiT)e, "oa bo-ai|xe lifinfiici vo tu\\
cfiam-o, ocuf ala hi -oia loga, ocuf oifie coinseaf idfi wf , if fet
clcmnaf aile ffin.
Of mcro (n cfiic tiile |io Icrt inna fecc nada •oifiisrep.?
M?n. CCp, ocaic in "oa bla -oec fp.ip cuin'Of.igcefi qiid.
Cod ictd ficrc? Win. Clafi bla, ail bla, fin-o bla, npef bla,
bla nracnaige, ocuf gno bla, bla fmposla, ociif linn bla, fio-oaixc
bla, bla neafbaige, bla fieime [daD bla].
Clap, bla ; c|iic annfin noo nincoifceoofiad comafiTMX, octif na
ciiinnfiiT)cefi feancai-o.
Cefc — CO fui-oatgcep. ? CC bimromaf inT)e, i feilb ime biaD.
TOqco jio bcD "oa comafiba, "oo jiannaiT) |iiam.
CCil bla ; qfti6 fncoifce ail aD|iaDa,no ail annfctiite, no qxann,
no Ifg, no ail leacra. "Oia mbe-o fecc comati-Da -oib ant) in cticc
fin, cac ae if afiailfu, tfi cfiid ann fin na cuinfcaiT)cea|i.
Pitbla; cfiid fon fncoifce bile feooa, no pn) comapxa !i6, fie
fef>a comafLT) a€ cac ae uaf apailt, no aH bo^, no fen fioil
cu'omai'De 'oo leiceaD. Contnixi^ceii TDono cpi^a ftiifin, a mbe-o
f eancaiT) co nin-oofciT) fop, ni if -oeiib.
Moef bla ;. .1. qii6 fna coifce ^tiifie noife no feafca 1 fi* no
a muig. CC'Dftiigie cfiic ca-oeftn, munuf gluaifeao feancai'6, a^x
IT) comaffDa cpice in fin.
Ola mucnai ; .1. epic fon incoifci cec bona cpann no cuaiUe 1
ralam no "oibill inuilinx), no f eanqfiaigeax) fo rtiim). If •oaf am
cp,ic, muna be poil con a poifce.
bla .1. ^no bla cpi6 incoifce 'otimae no btin nomna, no "bumac
cp.ainn; aT)f«i§iT)cep, cpi6a fpifin.
1 Shall titrtut in the ttlch. The Irish may also mean, ^ Shall cast a lot.*
' Di$turhtd. The text must be defective here.
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JUDGMENTS OP CO-TENAXCY HERE. 143
Question — ^What settles the stake 1 An oath and prescription. Judo-
Question — ^\Vhat is prescnption 1 The sticking of the fence thrice qo-Tkn-
without denial. And if it be denied, by what oath shall it ^^^^'
be settled] An oath of a woi-thy antiquary to be a witness of
'the fencing. And if there should not be an antiquary, two
worthy ' bo-aire '-chiefs shall thrust in the stick, ^ and the one
shall take his oath, and the ' aix^ '-chief who sweai*s between two is
he who shall thrust in the stake then.
And if the whole territory be divided into seven parts so that
they (jJie arUiqiAaries) csunot direct themi Answer — For there
are the twelve marks by which a boundary is defined.
What are these 1 Answer — A fiat mark, a stone mark, a tree
mark, a deer mark, a stock mark, and a mound'mark, a diinsion
mark, and a water mark, an eye mark, a defect mark, a way mark,
a mound mark.
A flat mark : this is a land which is not distinguished by any
land mark, and which antiquaries cannot define.
Question — How is it settled t It is measured into two, into
the possession of those around it. If there be two ^ ooarbs,' they
divide it first.
A stone mark : t.e. a district which is mai*ked by a stone of
worship, or, an immovable stone, or a tree, or a fiag, or a monu'*
mental stone. If there be seven land marks of them therein at
that time, one over the other, it is a boundary that cannot be
disturbed.'
A wood mark : this is a district which is marked by an ancient
tree or a tree mark, the one with the other, or an * all bog ' tree,
or ancient oak' which was allowed to fall. The boundaries are
defined by thesCi unless there be antiquaries to instruct as to the
certain thing.
A deer mark : that is a district marked by the hair of deer or
of dry cows in a wood or in a plain. These determine meers, un-
less the antiquaries remove them, for these are meers of a territory.
A stock mark : Le. this is a district marked by the first trunks
of trees, or a stake in the earth on the ruin of a mill, or an old
bridge under the water. These are land marks which define, un-
less there be some other thing to explain.
A motmd mark : Le. a district marked by a mound or trunk
of an oak, or mound of a tree ; meers are defined by these.
*Anci€ut oak. Seo Welth Laws, p. 873, for meerwtimber.
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144 btieoclia Comatdicefia CCnT)ro.
Judo- ljx\v bla, .1, q\i6 fncoifce uifce aba no loia no cipfiair.
Co-Test- CCcftiiganDreft qxica po|ifin ma Dqxeac an in-ouf wafoa.
^^' TUy6a|ic bla .1. cfiid lncoi|X5e coniafiT>a f^a^a no niuije, qiainT)
no lia^, no comafiT>a ralman. 1fi qfiic -oo miT)i5eat\ |iofc, ociif
CTDftiigai'Drefi qii6e tTP'^fin, nia fio |:eifea|\ in "oa ai5e'oe|iba biT)6
iman fiain-o -pn.
bla eafbai'de ; qiicb fncoifce eafbaig ralman .1. |wn, no feifc,
no rail ^leann, no laq[ia6 fean jioxki. Con-oiiiicceafi qii^a
|?fiifin "Dono, maDia fixeboD feancame.
bla impogla; qfii6 -do cei-o iiifce glaifo aifim po leanaD fn -oa
cofnafiba Im "oa bioD \x}^ ceteap, in T)a leicbe. CC-Dfuisaitrefv
qiica ifofi fin.
bla fiefme; qii6 fon mcoifce fioD |ii§ no zuwte, no |\oo
fmireasna, no botafi. If bla cp,idi ann pn.
ClaT) bla; cfvic fon Incoifce Duae, na ti|xclaiT)e, no jiat, no
Sk. feap,r, no f eab -ouae ; ap, ifi cfiid ann fin na itan -oo TDuliuf, q\i6
incoifce clat no cofta.
CC'Dftii'Digcep, qiica qfia f0|if na baibffeo; octif ^lafina an aiU
ocuf folon^QT) cairh^i an ailnaftum,
^^ Cait^e rifxe q[\a .1. fuga octif fiu^a a|i macoib n|\e ocuf
loingfeacaib, ocuf coptif f|ii ruaic,iap, floigeo* ocuf con^bail,
ocuf* fio^a.
Caiuhge jiaice .1. ime pfiif a aentip., ocuf a f laige octif a nup-
fcafiua'6, octif a coclai* ocuf ^lanoii angjieaHach an ainifip
cua ocuf aenai§, octif •0015 aft am f tiili'o -00 cac cobaip, apaili. IH
Dufli cait^e DO funn, -Dtifli fomaine.
^maine aile; a cojfiaD -do neod vo jiala v6 imp, octif Dipe
af tifiba.
Cai|i — CO •Dipeanap, fon ? Ilin ; tian molr 1 ctiailli do rifcail
af caili, uan boininD ana v6, Dopraig ana rpi cona nin^raij;
Dai|\r ma cearaip, colp.ac a^x a fe, bo ana liocc, cuic feoic ana
•00 D^c ; atz ID f eoic ^abla aDa commeiD, maD fpi neite fo-
feifeap., octif airhgin an aile do ime in-bpic, octif beiu f o pattif
CO ceann iftbltff6na.
> The eyt. The eye fixes the boundary, if two points of it remain, Le. by run-
ning a straight line between these points.
* Are venting. The letter which Dr. 0*Donovan read as 'f'* In the word
*fp,ebaT>,' seems the usual form of long 1 which precedes * p* when that letter it
doubled.
> Boads, For the diflercnt kinds of road among the ancient Irish, vide Cormac^s
Glossary, edited by Whittey Stokes, Esq. ; also C. 806-7, and ilook of Rights, pp.
Ivi., et ieq.^ Dublin, 1847. For nilcfl as to the penalties {ncurre<l by pcrsoLi
iujuting roads, vide Ancient Laws of Ireland, vol. iii., i<p. w05, GOT, ^KM>.
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JUDGMENTS OF CO-TENANCT HERB. 145
A water mark : Le. a district defined by the water of a river, or Jot>«-
of a lake, or of a well. Boundaries are defined by these if thej Co-Ten-
run in a straight direction. ^^«
An eye mark : ie. a district defined by a mark of wood or of plain,
of tree or of stone, or by a mark of earth. This is the district
estimated by the eye^, and boundaries are defined by these, if the
two certain heads which are to this division be known.
A defect mark : i.e, a district defined by want of land, i.e. a
declivity, or a sedgy place, or stony vale, or track of an old road.
Boundaries are defined by these, if antiquaries are wanting.'
A mark of division : that is a district through which the water
of a streamlet fiows where the two ' coarbs' follow it, they being on
either side of it. Boundaries are settled by this.
A way mark : that is a district marked by the road of a king
or a people, or a road of carriage, or a cow-road. These are district
marks.
A mound mark : this is a district marked by a mound, or ditch,
or rath, or foss, or any mound whatever ; for this is the kind of
district into which it is not proper to enter, Tuvmdy^ a district'
bounded by a ditch or stone walL
Boundaries are settled by these kinds of land marks; and they
divide the stakes and sustain the fines for stakes afterwards.
The liabilities of land now, i.e. service of attack and defence
against wolves and pirates,' and atteTidancs to the law of the terri-
tory, both as to the hosting and feeding, and service of d^ence.
The liabilities as regards roads,^ i.e. a fence is required for it alone,
and it is necessary to cut them and cleanse them, and remove their
weeds and mire in the time of war and of a flair, and because it is
expected that each should assist the other. He {(lie oumer ofths
road) does not deserve damages from that, but he merits profits.
The profits of stakes are; the produce which comes of them in '
the land, and the * dire '-fine for cutting them.
Question — How is this paid for 1 Answer : a wether lamb for
removing a stake from its place, a she lamb for two, a ' dartaigh '-
heifer for three stakes with their appendages ; a ' dairt '-heifer for
four, a ' oolpach '-heifer for six, a cow for eight, five *seds' for
twelve ; but they are ' seds ' of graduation of the same value, if it
be known that they belonged to a dignitary, and a restoration of
the stakes to a perfect fence, and to be security ybr its safety to
the end of a year.
VOL. IV. L '
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146 bfieacha CotnatcKceiia CCn'Op-
Jppo- 8ofnaine ci|xe ; ici|x frt, octif pqi, octif f nnaifi, octif tiifce, octif
Oo-Tnr- tw^^P'* octif inb6a|i, ocuf cafcocfi, octif fjiice Tjfit . ,
""" Somaine fvaice ; ici|ie octfp a fiici octif aigi* ; cetteofia ba
C 81. [Coital cetfia q[ia ; cp,i caicce pit "oo ftii-oib .1. coirde a TUtigiiie,
octif coicce a n(r6ai|xce, octif caiT:^e a mbel; caichde a tiinsne
•00 neot confcafia, octif conclan), octif f laice ; cairlide a not-
cnfice "DO nech gumce, octif confcap,aTx; caiclide a mbel "oo
tieoc gaibef t)o fofitjib na comaigcech.
Co iniWDcqfi qfia na cattce f 0, octif co he|xaiTiercq[if be|xrba|\
comoi-gte^ inn|vaic -do mef r\a fo^ta, octif fOfef.T:ha|i fcfi fota [1]
|iicqiaib r\a comaigced ca|i a elfi. TTla f^p, fola [1] a folala fea|X
tio no Txx iioip,5 octif f^fi «aiT> 1 caeb aijiann befa flu in fe|\
. i^oifisef . ffltma be feji, ^aibchefv -oiablcrD fo6cp.aice ticro waig,
no Gcp.baiin, amail bif mef in fe6i|i in famfu6c fa 1 ngemfute.
•Otime ccntce q[\a .1. imfe'oain cap, cffi T)o ceile .1. ojxai^,
octif aicpeb, ocuf foUfcut, octif fotla, octif an, octif ai|xcfiti.]
Cfftji — cat) icrt) 'Otiinecaiche? .t. beim pe'Da, eilMiiaifiis
fecroa octif ochatj pea'oa, octif fo^la fea'oa, octif lofa
f ecroa.
CCilxig f eaT)a : 'Oaifi, coU, ctiileanT), ibtiji, lun'Oitif ,
ochcai, abatt. Ctiic f eoic a n'Oifie each ae ; bo btiin-
beime, colpach ina ngablaib, 'oaipz: tria cfiaebaib.
CCchats peaDa '. f e|inn, fail, f ceich, caepranT), betche,
leam, ita. t)o a n'Oifie each ae ; 'Dai|ii: ina qiaebti.
Ipogla f eaDa : 'Dfiaigean, qiom, peoiitif , pincoll, cjii-
chac, catena, qiaiTO fiji. TDaific anT)tfie cac ae.
* Their Joints, There is some defect in the MS. hero.
* Birch, — ^Beithe' is found in tome ancient glossaries as a gloss on 'Bnxiis,' the
Box-tree. It is now applied only to the * Birch.*
* Jdha, Dr. O^Donoran does not give an English equivalent for this term.
Prof. O'Cmry suggests * Palm.* It is, under the form * lodha/ commonly trans-
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JUDGMENTS OF CO-TENANCY HERE* 147
The profits of tho land ore ; every prodixe whicJi it hears, both Joiw-
wood, and grass, and herbs, and water, and sea, and harbour, and Co-I'en-
what the sea casts ashore, and waifs, &c. '^<^^-
The profits of roads are: their * dire '-fines, their strays, their
joints;* four cows they share.
The trespasses of cattle, now ; there are three trespasses by
them, i.e. the trespasses of their nails, and the trespasses of their
horns, and the trespasses of their mouths ; the trespasses of their
nails by separating, and tearing, and plundering ; the trespasses of
their horns by goring and tearing ; the trespasses of their mouths
by what they eat of the grass of the neighbours {co-tenants).
How now are these trespasses estimated, and how are they paid
for? A worthy neighbour is brought to appi-aise the trespass, and
grass of equal value is given at the deci^on of the neighbours. If.
the man who has committed the trespass has grass of equal value, let
him give grass in the side t>r head of a field to the amount of the grass
which he has plundered. If he has not grass, let double the hire
be given by him afterwards, or produce, according to the appraise-
ment of the grass in the hot or in the cold season.
As to the man trespasses, now, Le. passing over thy neighbour's
land, i.e. , ploughing, and residing, and burning, and casting him out^
and driving, ar'^ /xamining.
Question — ^What are the man trespasses ? Cutting
trees, both chieftain trees and common trees, and
shrub trees, and bramble trees.
The chieftain trees are; oak, hazel, holly, yew, ash,
pine, apple. There are five ' seds ' for the * dire *-fine
of each ; a cow for cutting their trunks, a ' colpach '-
heifer ^ne for their arms, a Maii't '-heifer for then*
branches.
The common trees are ; alder, willow, hawthorn,
mountain ash, birch,* elm, 'idha.'* A cow is the .
*dire'-fine for each ; a 'dairt'-heifer for their branches.
The shrub trees are; blackthorn, elder, spindle tree,
white hazel, aspen, arbutus, test-tree.* A'dairt'-
heifer is the ' dire '-fine for each.
lated ' yew,' bat that tree is named before as ' Ibur.' It may be a species of pfneu
The translations given for * peojiuf ,' * qicm'O pt\,' and • yvaic,' are only conjectnraL
* Test'tr4e» — Some tree probably from which lots were made.
VOL. TV. L 2
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148 b|ie(xcha Comaichce|xt OCti'Dro.
^i^oF ^T^ pecroa ; fiaicli, fiaic, aiceanT), -oixir, n^iecli,
co-teic. ei'Oean'D, giLcach, fpin. Cupxi a TiT)i[ie each ae.
Caiii cat) 10*0 t>tiinecaicfit7 .1. oomaiiicifn gor> ioc na anca *«>
nfarc Tia -oaine tiif in pepxxnn In a §cmaif pn. beim peT>a .1. cefaro in
p6t»a CO hm-olistech. Octicad .1. in qian'o giuff. " Cmc -peoic .1. -oa
ceccnc "oa ba. bo bai n-belm e .1. ina natchgin. Cotpach .1. o^c j^qxepalt
In cnchsin. "Oaiivc .1. ceittii fCTMpall.i. ati |Wf©T>. bo a n-DiTie cacli
ae .1. ocnf n1 tuc a noichgin aj^ 01x1*0. *0 a 1 tvc •! ceitfii |H;fiepalt 1 nT>iTM
gabat na poola .1. arv colpa6 fe 'pcr^palt) ocaf if T>i|ie cqfi atcbgin .1. no
If aji famaifc. Ci-Dean-o .1. let 'oitii qfiaeb in cuttinT) if 6 Ian TUfM bun-
beime in eipnT) ; no let 'Difii gabal in ctiitin'o if 6 tan t)itii bnn beime in
«i5inT>. Cu Ti a .1. zfn fCTiipall, no bef pm -oa fcfveapall tno 'Dixie.
.1. bcim fecr6a no a lomp,oro, vo fxoma|i cad na o 'Dip.i .1. airhpn
iiix)|iic Inetd |io bfiontirap, t>6, ocuf cnic feoic ma Difie. CMr nf
comfjitiit ca6 pi* p[ii ap.aili ; afv icaic pedc tiaijiig pea*a, ocuf
fete naichij pea*a, octif fecc po^la peotHiy ocuf fete lofa
feoDa, octif Qf am Difte ca6 ae.
CCifii J pea*a ; T)ai|i, coll, cuilenn, itmDitif, ibafi, o6ca£, abaU.
*Oi|ie nT)afiac ; bo f eide 1 cotjirgea'D va ban af u, ocuf 'oam
f cide 1 coificgeoD t)a pep, af a, ocuf a porfia* co n'oejiofc a flame
.1. tiifv mmn ocuf bocoft ocuf lemlacc naifie co nagaT) t)a n»e|i
cafif m cfic6u ; adc let vo beit pai|x gojiab flan. CC mbun-
beim, bo mt, ocuf ctiic feoic a Diyic. Colpad ma mop, ^abla, no
ma T)aii\bp,i bega, •oaiftc ma cpaebaib. If amne -oipe ca6 aiftig
pet)a Dib.
X)ai|i; at T)onibeip, naifiechuf bi ? Ilm— CC meof ocuf a f aifie ;
1 A tixth, A cow WM worth 2i ' screpalls,* and the young heifer ealled a
* dairt,* was the sixth of the value of this cow.
• A cow-hide. Dr. O'Donovan remarks on this. The original is certainly in-
correct here. It should be, " For the barking of the oak to the extent required for
tanning a cow-hide, a pair of woman's shoes is the * dire*- fine.'* See O'D. 1677.
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JUDGMENTS OF CO-TENAKCY HERJS. 149
The bramble trees are; fern, bog-myrtle, furze, •^^*^-
briar, heath, ivy, broom, gooseberry. A sheep is the Co-tem.
' dire '-fine for each. — '
Question — What are the man trespasses? i.e. I ask what are the crimes
which people commit as regards the land besides these above mentioned, C u tti b g
trees, Le. cutting the timber unlawfuUy« Pine, i.e. the fir-tree. Five * seds,' le.
which amount to two cows.* A cow for cutting their trnnk8,Le.forcompen8a- % Ir. Of
tion. A • colpach '-heifer, ie. of Vie value ©/"eight *8crepalls* as compensation. A ^A**"* <»"••
'dalrt*-heifer, i.e.offour * screpalls,' i.e. for a sixth*. A cow is the 'dire*- '«»<»*"•
fine for each, ie. for he did not bring their compensation forward. A *dairt-
heif er, i.e. of four ^screpalls* as * dire' -fine for the branches of the bramble trees,
i.e. for a * colpach ^-heifer of theTalne of six 'scrcpalls* and 'dire*-fine is here put
for compensation, Le. or it is for a * samhaisc -heifer. I r y , ].e. half the ' dire '-fine
of the branches of the holly is equal to the full * dir e '-fine for cutting the trunk of
the ivy ; or half the * dire '-fine for the branches of the holly is the full * dire '-fine
for cutting the trunk of the iyy. A sh ee p, i.e. of the value ofthiet ' sciepalls,' or
worth two * Bcrepalls ' if (fus as its * dire '-fina
That IS, for cnttizig of trees or stripping them, full 'dire '-fine is paid
for each, Le. , a perfect compensation for the portion of them which is
damaged, and five 'seds' as 'dire'-fine. But all trees are not equally-
noble ; for there are seven chieftain trees, and seven common trees,
and seven shrub trees, and seven bramble trees, and the ' dire '-fine
for each is different.
The chieftain trees are ; oak, hazel, holly, ash, yew, pine, apple.
The ' dire '-fine of the oak : a cow-hide' is due for stripping off it
the barking of a pair of woman's shoes' ; and an ox-hide for the
barking of a pair of men's shoes ; and also to cover it until the test
of its recovery* is had, Le., smooth' clay and cow-dung and new milk
are to be put upon it until they extend two fingers beyond the wound
on both sides, and haif^ne shall be for it until it is whol&. For
cutting the trunk a cow is paid^ and five ' seds ' are its ' dire '-fine.
A ' colpach '-heifer is the fine for their great arms, or for their small
oaklings, a Mairt '-heifer for their branches. The 'dire '-fine of
eveiy chieftain tree of them is such as we have now siaieJL
Oak : what gives it dignity 1 Answer. Its acorns and its
* A pair ofvonuuC^ shoes. That is, as much bark as would tan leather enough
to make a pair of woman's shoes.
« J%e test of its recovery. That is, until it is secured against the effects of the
weather. ^
* Smooth, The Irish word read as *fninn^ may be *ininti,' the original being
doubtfuL
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150 bp-eocha Cotnaicheera CCn'oro.
Judo- coU P a inaef oaif a cael ; aball ? a meaf ocuf a fiofc ; itMXfi ?
Co-Teh- « aig^ faeyia; cuilenn? jpefi pofi cqiaili mn fin, ocuf feip.fe
. Ajwnr. cap-pai-o; tiin'Diiif? |x>tac ocuf jiigliafDa, oaif let ojficro ai[ifii.
odcachf a bi a inilca
CCchoiJ freon&a ; pefin, fait, bece,lem, qiichec, focrt. caip.rcm'o.
00 bunbafme cac aei 'oaifxc fna nsabla, caeyux ma qioeba, cuic
feoic ap, eafiba.
poDla feoDa ; fceich, •ofiaisean, qfiom, feofiuf , cfianti pp.,
ei'Dleanfi> pincoU. Colpac bunbeime cac ae ; cuic feoic ap. eapba,
ate DfiaiSeom, -do ficma'oaix fainT>e cuic feoic .1. TDjiaignead bff
1 fat eocopba 'do foip^i^eap,, no 'Ofiai^ean cubp4x.
Lofa feooa ; "opif , cciceont), ffuxed, ff)in, pleach, |\ait. Leada
1 •Dilfe an aen ^aif , ocuf -Daiiic ina neap,ba. If dmne x>o ponoDafv
mil, ate a n-oilfi ocuf fuxoilfi.
X)ecbi|v qfuxtnD a fi* comaitcefa, ocuf can •oetbip sP^i*^-
•Oefcbip, sjiai* a fit neiineT), ocuf cin 'oetbip, qfvatnT). 6niacc a
pt neiriiet no co mbencaft uile, ocuf enedonn mv o bencaft.
•Qa ba ocuf bo m-otaes ocuf colpac o6c fqiepall qii -oipi
na naipe^ feta. Lul^ach ocuf colpacli occ fqiepall ocuf •oaipc
ceitfii fqiepaU, a cpi naictigina. Lail^ed ocuf colpad occ
fqxepaU, ocuf Daipc ceiqfii fcpepall, rpi "Difii na nocbed pe'oa.
Samaifc ocuf t)aipc ceicpi fqxepall, ocuf DoiicaiT) "oa fqiepall
a cfii naich^ena. 8amaifc ocuf Daipc ceiqii fqiepall ocuf
t>ap,T:at'o -oa fqiepall, qfii -oipi na f 0T>la f e-oa. Colpach fe
fqiepall, ocuf "oaiicaiT) "oa fqfiepall, ocuf caepa fqiipuiU, a
CTit naidigena.
1 NdU siruelures. That is, the highly prized pieces of fnniiture manufactured
from It
• Fsr for mraiU inn nn. This phrase was left untranslated by Dr. O'Donovan.
Professor O'Curry rendered it, ** This is the tanu at inviolable grass *' ; a meaning
which seems yery doubtful. It may mean, "A man upon another in that,** and
|-$fer to the use of holly sticks in fighting.
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JUDGMENTS OF CO-TENANCr HERB. 151
nobleness ; hazel 9 its nuts and its 'watUes ; apple ? its fruit and Jitdo-
its bark; yew? its noble structures^; hoUjI ' fer for araili inn sin/* cI^T^wr
and the axle-trees of chariots a/e made of it; ash? supporting of ^^"cr*
a king's thigh, imd half furniture of his arms. Fine? its being ^"^
in the puncheon.
The common trees a/re ; alder, willow, birch, elm, aspen, 'idhadh/
mountain ash. A cow is the Jim for cuttiug the trunk of each, a
'dairt '-heifer for their arms, a oheep for their branches. Five
* seds ' is thejlne for their lopping.
The shrub trees are; whitethorn, blackthorn, elder, spindle-tree,
test-tree, ivy,* white hazel. A * colpach '-heifer is the fine for
cutting the trunk of each ; fiye 'seds' for their lopping, except
the blackthorn, for which five ' seds ' are paid, Le. blackthorn
which is in an unprofitable fence* i^rokm dovm) which is pai^^ed
over, or sweet-smelling blackthorn.
The bramble trees are; briar,' fur«e, heath, gooseberry, broom,
fern. ' Leacla ' is forfeited for one sprig, and a * dairt '-heifer for
their lopping. They are all thus paid for, except the right and
the fuU right *
There is a difference of tree in a co-occupancy wood, without •
any difference of class. There is difference of class in a sacred
wood, without difference of tree. Tfiere is 'smacht'-fine in i^
sacred wood until it is all cut down, and honour price is paid for
it when it is cut. •
Two cows and an in-calf cow and a ' colpach '-heifer of the value
of eight ' screpalls ' are the three ' dire '-fines of the chieftain trees.
A milch cow and a ' colpach '-heifer of eight ' screpalls ' value and a
< dairt'-heifer worth four * screpalls,' are their three compensationa,
A milch cow and a 'colpach '-heifer of eight 'screpalls' value and a
/dairt'-heifer of four 'screpalls,' are the three 'dire '-fines of the
common trees. A ' samhaisc '-heifer and a 'dairt'-heifer worth
four 'screpalls,' and a ' dairtaidh '-heifer of two 'screpalls,* are
their three compensations. A 'samhaisc '-heifer and a 'dairt'-heifer
of four ' screpalls' value^ and a ' dairtaidh '-heifer of two 'screpalls,'
are the three * dire'-fines of the shrub trees. A ' colpach '-heifer worth
six ' screpalls,' and a ' dairtaidh '-heifer worth two ' screpalls,' and a
sheep of the value of one ' screpall,' are their three compensations,
• Ivy. The Iriah word here is *eidleaiin, ' whereas in the text before Qine 2, p. 148)
it is ' eideand.' Dr. O^Donovan regarded them as different forms of the same name ;
Professor O'Curry suggested * iroodbine* as the translation of *■ eidlcann.'
* Anwiprq/itabUfmic$> pat eacajiba may possibly mean** fenca between cows.* --v, . '
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152 bfieacha Comatchcefa CCn'Op).
Jui>o- T411 fqiiptiill fnT)nb iT:t|v dich^iti ocuf wfie mnnb fin m can
Co-Tor- If « T^*^ comicheafa, octif ni ^t nf na n^ablaib, j\it. TTlaD a
iHCT. p7) neme bei-oe inititxp,o, fceitfii fqiipmH m'oceib a|i TMfie, octif 'oa
fcfiepatl ofi aichgin, ocuf a T7[iicm fna ngabta, octif a feifea-o
ma qxaebaib. CCnaf airh^in vo aijiechaib pe'oa ifcot if "Oiiie -oo
ache^aib fea*a; a naich^m fin iffet tf -oiive t>o fojlaib feota.
CCtijiba ajie T)ona, I'Dunacaice. t)a|icai5 a c|ii cuailli
cona Tifn'oceach, 'Dat[u: ina ctiic, colpach ana hochc,
ctric feotc ana 'oo'oec, ocuf atchgin la each na ; octif
beich fo cinai'O na befina'D co cean'O nibliaT)na.
U
CCtip,ba cifve "Dona .1. ff|\eibe in pefiainT> Txmo. I'Dvnacaite .1.
tf cinca t>ona 'Dafnib eipTie. *Oa|icais .1. if fla 'oafqxepall. Co na
nIn'Dceach .i.ciif ccnl if coich no if 'Ducbaig bif op,Tio a hin-oe, In odelach.
•Oaip-c ma cuic .1. ceittii fc|\eapaitti Cotpad .1. oic fqieapott.
Ctiic feoic .1. •oacecaix; 'oaba, .1. lap, puc OCicbgin la each na
.1. oichgin m aile la ca6 pnate -oib fin, octif 'ooine jio bfiif ann fin be-
beicb po cinai'O .1. coti poclac comaichig in aifibe. Co ceant>
mbtia'ona .1. ap. in pe co poibpep bunaiT> 1 naiciX/ln a lefaischi.
O'D. 400. ["Oap^TXttg 1 viu ciiaillib] .1. -oafqfiepall o niti|icop.ti ma lulai ;
-oaip^ ceichp^i fq\iptJill {na ctiic •!. lulai m'oeop.aiT) ocuf me-oon-
rai lai fn tipp.ai'6. Colpa6 octic fcp,ipuill a meT)onrat lai irt
'oeopai'D, octif bo inDlaej o ti|\pa'6, ocuf Itilai fn up^xai-D, tiaip,
hocc fcp.ipuill o appat ina lulai, ocuf bo m-olaeg fe fcpepall
> Of iti being rqMtred. That is, acknowledgca that It has been properly
repaired.
* SmaOett offence, Le. cutting tliroe ilakes. Middle offence, i.e. catting five or
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JUDGMENTS OF CO-TENANCT HERB. 153
Three ^screpalls' both for compensatiou and *dire '-fine art paid Ju'^o-
for them when it is in a co-occupancy wood they arty and there Co-Tbk-
is nothing for their large bitmches, &c. If, however, it be in ^*^*
a sacred wood thej are, there are four ' screpalls ' for them as
' dire '-fine, and two ' screpalls ' as compensation, and its one-thixd
for their arms, and its one-sixth for their branches. The compen-
sation for the chieftain trees is equal to the 'dire '-fine of the '
common trees ; and the compensation for them {tht common trees)
is eqtuU to the ' dire '-fine of the shrub trees.
But cutting of land is man-trespass. A 'dartaigh'-
heifer is thejine for three stakes with their append-
ages, a ' dairt '-heifer for five, a ' colpach '-heifer for
eight, five 'seds' for twelve, and compensation for
every one of them ; and he {the trespasser) shall be
accountable for the injury of the gap to the end of
a year.
But cutting of land, i.e. but the real cntting of the land. Is man-
trespass, Le. this is trespasses by the people. A *dairtaigh*-heiferybr
three, i.e. of the value of two ^screpalls.' With their appendages, Le.
with the thing which is natural or which is proper to be on them from the root,
the slender twigi p/ace<7 ocroM. A Mairt*-heifer for five,Le. of four* screpalls*
valtie, A * colpach'- heifer, ie. of eight 'screpaDs.' Five 'seds.,' le. which
amount to two cows, Le. altogether. Compensation for everyone of them,
Le. the restitution of the stake fence with every 'smacht^-fine of these, and
it was persons that broke it in this case. Shall be accountable, Le. until
neighbours (eo-/«9ian/«) appraise the stakes. To the end of a year, Le. until the
time that the original proprietor admits that it has been repaired.^ ^
A* dairtaidh '-heifer is due for three stakes, i.e. two ' screpalls '
are to he paid by a foreigner for the smallest injury ;• a * dairt '-heifer
of four ' screpalls ' value for five atakes, ie. the small offence of the
stranger is the same as* the middle offence of the native freeman. » Ir« Amd,
A 'colpach '-heifer worth eight 'screpalls* is due for the middle offence
of the sti*anger, and an in-calf cow from a native freeman, and it is a
small offence of the native fi-eeman, because the middle offence of
the stranger is the same as' the small offence of the native freeman,
for eight * screpalls' are due from the native freeman for Lis small
offence, and an in-calf cow worth sixteen ' screpalls ' for his middle
dght stakes. Greatest or highest ofTence or trespass, i.e. cutting twelve stakes,
and making by so doing a full gap in the fence.
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154 bjieadia Comaichcefa CCn'Ofo.
Judo- 'oec iT)a meDontxw lai, octif bo inT)tae5 o T>eo|von'6 ma cleiti lai ;
C^Tkw- c^^c feoix; "oa cecai-o T>a ba a[\fwx6 Ina cleiti lai.
▲vcr.
O'dT^OB. [Cia o jrtiil 111 eifwcc fo, octif cinntif fio fe^oD in ^a fqieptiU
If x\a qfii caaiUib ? .1. -oiaf •00 fiitip.cbtifvcaib lech ctiiTir) ocuf
leich ceiUe, fqxipull uachuib in -oa ctiaille -oib .1. leit f qfiipull
o ca6 pitifv T)ib .1. aon muYvcutxta coDnai^ ocuf fqiipall no*
ifin qiief cuaiUe .1. -oiaf 0)0 nit]Yichiip,ta lerb ctiinn ocuf leit
ceiUe ccnn, ocuf fC|xipall tiota in -oa cuaille, ocof qfiiap, -do
ma|ichup.ra co'ontiis, fqiipull o each pip, X)ib in cac cuaille -oo
na cp.1 cuaillib eile .1. occ mtiiictipxxi co-onaig an-o, octif ochc
fqwpuill uocha if na hocc cuaiUib.J
Cfeaofibancroaclai'oeaT); atijibanei5neiiiaflo5,jiia
lonaib, |iia plaicaib cm bo'Oe-
CCca ofvba tio-o aclai'oea'o, ,1. oca pifvebeDa t)o bep.an, oti in
peTvaii'D, ocuf noco cabafv aclai-oe* piacti art in ci -do nt icrc. OCtip.ba
fi eigne, .1. b|\ifeD a|v eicin jiefin flog, .1. poT^ ceiie^ T^e flog. Hi a
lonaib, .1. na flog ifin. Hi a plaitaib, .1. fiiaf na plaichib, cibe
irloiche icn:, mana tiapat:u|i oonaip. aile.
CCca craiiba ceana naT) aclai'DeoD: ati|iba nimpea'ona
fai|ie muiLinT), no 'Otufichi^e, no nienib|xa, no paifxe
'Duini [115. CC'Dcoma|ica|i uile, afiiif pean papac la
peine, no Liancup, ^ach gui'&e ; ufiba |iia coUaib, jiia
nailatc|\aib. *Otincatx cac nojxba
OCca atip.ba ceana, .1. aca pifieipe'oa cenacenmota pn, ociif noco
cabxioc acUnT>i piach ap in ci -oo ni lac CCtipba nim^ea'Dna, .1. In
tM|\eipG -DO nicep. |vopn neltnpe^aln t>o betiayi ap amuf In muilin'o
In can bicep ac ■oenam a faitvpe. *Oiiiprhige, .1. moiTV- TTl embpa,
.1. bice 6aipe'Dvini p,!g, .i.in ranbireri ac a'oenam. CC'Dcomancap
uile, .1. lappaigcip aile cac ni -oib fin T>piti in pepainT>, .1. aipiapadc
cen T>ana'D, no "ounoD cen aiYiiafacc.
* CtUimff$, That is, breaches, or gaps.
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JUDGMENTS OF GO-TENANCY HERE. 155
olTenoey and an in-calf cow from the stranger for his highest offence ; Jchms-
five * seds ' which amount to two cows are due from a native free- Co-Tsx-
man for his highest offence. ^^^'
By whom is this * eric '-fine paid, and how do the two ' screpalls '
proceed from the three stakes 1 Le. two of the foreigners being
of half sense and half reason pay* a ' screpall '* for two of those • ir. fhm
stakes, ie. half a ^screpall' from each man of them, Le. one ^^^"^
sound-minded foreigner who pays a ' screpall ' for the third stake,
ie. two foreigners of h^if sense and half reason in this case, and
a 'screpair is paid by them for the two stakes, and three sound-
minded foreigners, every man of them pays a ' screpall ' for every
stake of the other three stakes, La there are eight sound-minded
foreigners in this case,^ and eight ^ screpaUs ' are paid by them for ^ ir. in it,
the eight stakes.
There are cuttings Vhich are not sued for; a forcible
cutting before a host, before provisions, before chief-
tains of any kind.
There are cuttings which are not aned lor, i.e. there are real cattings
which are made in the land, and fines are not sned upon the person who makes
them. A forcible cntting, i.e. a forcible breach before the host, i.e. in
flying before a host Before provisions, Le. of those hosts. Before
chieftains, ie. before the chieftains, whatever chieftains they be, if they had * ^
found no other passage.
There are cuttings also which are not sued for; a
cutting for carriage at the construction of a mill, or
of an oratory, or of a shrine, or at the building of
a king's ' dun '-fort. Leave is asked about them all,
for it is an old maxim with the Feini, " for every
supplication is pleasant"; a cutting before bodies,
before pilgrims. Let every breach be closed.*
There are cattings also, Le. there are real cuttings also beddes these, and
they bring no claim of debts upon the person who makes them. A catting for car-
.r ia ge, &c., Le. the real cuttings which are made by the carriage of ikitu^ hroujfht
towards the mill when the construction of it is being made. Of an oratory, .
te. of a large me. Of a. shrine, i.e. of a small ofi«. The building of a
king*s *dun ' -fort, Le. when it is being done. Jieare is asked about
them all, Le. permusian to do every tbing of tbese is asked for of the owner of
the land, Le. consent without closing, or closing without consent.
* Be doted. Or, let every, gap or breach be dosed, or every breach is to be
closed.
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156 bfxeocha Comaichcera OCnx)p.
Jmtow ^^ ceqfxamta in -oaivccrDa no na 'Dat|ici mv yfil, a ce^cap. -oe.
Co-Twr- TncroceTi aifviafate, ceTi'Dun(n),if let. TTlaP'OefcefCTj|i, ocof m
^^' comopieicceii 'oo, iflan vm n-otina, moma T)tinai if-cechpxnncha.
CCtvtif f ean paf ad la peine, .1. ofv if fencmT)eT> 05 'DOjieiYi in
penechaijp, .1. i]p cechtxamca in 'ooiica'Da, no na TKHfici inT>. tl o 1 1 an cu t%,
•t. oilmen, .1. i]p liancai|\ caifieci he o t>eiiC;i|\ aca ^1*61. UTiba x^ia
collaib, -1. na marvb, niana pa5ba'6 cona1|x aile. Hi a nailaidp.aib,
.1. tief in tAitc ceic ma ailitrii. "Ouncatx cadnotxba.i. ^»ttncofi cad
plfieipiT) "Dib i^n, tiaifi mona T>encaTi nooo flan.
•Qia iiaccomap.ca|i m ran oflaicce|i pjii "oeirhbiiief, octif
■Dunrofi fon in-ouf cet^na, iflan -do. TTla fio T)tjnaD, ocof if mef 11
an-DOf amail f\o bui, a n-oigaib ai|\i in •Ofxoc ime icra|i tiaoftim.
THoni fvo "Dtin icip., iccap, fmadr? na wfigne ua-o. TTlana
atcomafxcrafi icifv, ocaf "otincaf, amtiil |io bui, iflan •00. TTlafa
olc, icoD fmacc oitipie caifvfe. TTluna "otina icip,, icaD fmacc na
oifv^ne, ocwf let ctiic feoic, af, ni arhcomofic.
\^
Comicheach 'Oono bip ii^ip- 'Da ct[i 'olip'O Ian inii[ice ;
bit) feifeap. tiniptr, qiiafi 0 pp, ajxe, octif ajxailt o fijx
imifice* «
Ctiic r^oic anain octif ocain, ma 'Dichtnaific, ache
am eigne; ni hacLaiX)e am bo tjo cafib.
Comicbeacb T)ono bif iciji T>a cim.i. iT;iTiT>apeiian'D, in cijxona
bi tvoc .i.iiaitx noco npuil conaip. aia pcln. "OligiT) Ian Imixiie, .1.
T>o lociro "DO. 0 piji ciT^e* .1. o ptx In pefiain'o. aiiaili, .1. afi in
oomlln biaf 6 pp, bunai-o ma n-DesaiT) .1. uaiti noco nuil conaiji aia pein,
ocaf Iflan 'oo ca6 pogail t>o t)ena tiif na comaitab, ainuil compich
ncnfime.
.1. CCca anna^ aclaiiD "oliseaf ca6 comaidieac -oia fxaile .1. i:i|i
cen beola, cen fxoi:, cen botu]\ ; •oligi'D lammifice cap, ca6 cifi a
comitac bef neafam do, ace iffet fn-oaf na Dlf^, f efiip. tiimpe,
■ Road. Or unless mother road could be found.
• No road. In O'D. 407, it is called a district, "cm com cm beola,'* "without
•n opening at the front or the rear."
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JUDGMENTS OF CO-TENANCY HERE. 157
It is the fourth of the 'dartaidh'-heifer or of the 'dairt'-heifer thai ^^J^'
is due for it, Ac, for either of them. If without consent, without Co-Tkx-
closingy it {the fin^ is one-half. If he has given consent, and that ^^•
he has not advised him to it, it {Uie pencdty) is full fine if he
closes, if he does not close the gap, it is one-fourth.
For it is an old maxim with the Feini, i.e. for it is a perfect
old decision according to the 'Feinechas*-law, i.e. it {the fint) is a fourth of the
' dartaidh*-heifer, or of the ' dairt*-heifer for it Supplication, i.e. clement, Le.
he is the more clement for being supplicated. A cutting before bodies, Le.
of the dead, unless they find another road.* Before pilgrims, i.e. before the
people who go on a pilgrimage. Let every cutting be closed, Le. every
true cutting of these is dosed, for unless it is done (filoud) it (/As act) u not guiltless.
If leave be asked, when it is breached* with necessity, and it is ^It.OpentfL
closed in the same way, it is guiltless. If it has been closed, and
it is worse than it was atfirsty the damage done in consequence of
the bad fence is paid by him. If it has not been closed at all, the
'smacht'-fine of the damage is paid for. If permission has not been
asked at all, and it is closed as it had stood before,*" it is guiltless. ^ Ir. Am it
If it be badly_d<m«, he shall pay fine for the damage done by it.* ^'qp^h.
If it be not closed at all, he shall pay the ^ smacht '-fine of the
damage, and half five 'seds', for he did not ask leave, ^
A co-tenant who is between two lands is entitled
to full passage; six persons are to he about them
{the cattle) y three from the owner of the land^ and
three others from the man of the passage.
Five 'seds' arc payable for driving in and out, if
without asking leave, except in case o/* forcible driv-
ing ; the driving of a cow to a bull is not sued for.
A co-tenant who is between two lands, Le. between two farms^ l.e.
in the land from which there is no road,* Le. for he has no passage himself.
Is entitled to full passage, Leu to be ceded to him. From the owner
of the 1 and, Le. the owner of the farm. Others, Le. for the proprietor shall
hare an equal number after (minding) them, Le. for he (the oo-^ttunU) has not a
passage himself, and he is not amenable for an^ trespass which he may commit
agunst the neighbonrs, as running of the whole stock or dtove»
There is one stay which every co-tenant is entitled to from the
other, Le. in a land without an opening, without a road, without
a way ; he (tlte tenant) is entitled to full passage over every co-
tenant's land that is next him, but the maimer in which he is
boimd to pasB is, toith six persons about him, thi'ee persons
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158 bp^eacha Cotnaiclicefa CCn'Oro.
Judo- rp,1q^ o pji rifie, octir qfiiaji o pin fini|ice -ota ntltitcrt p|\i
MKNTB OF
Co-Tex- pelmcPD, afv na poteofcaT) pon cij^. "Oia mbe botoji'Do, vo poUai^eaix
^^* fai'oe; -oia mbeD T>a clcrt fme, no "of cofiai'6,.(rDfiiiceafi teo ofx a-o
ji^tt'oain oiiTifni. If T)e affitibiicrt, bfia-oan) pia-oain ; mtina be-o
atz 'Don T)0|infann nl bimcecafv la ftiiT)aib ; if -oe ofp.ub|icr6, ni
bficcccro pcroain.
Ctfic f eoic an am, .1. tnun'D .1. in'D. OCcain, .1. imacfi, .1. of. TTl a
^ich m ai Tic» .1. ni uaitx oonai|x aiti, no nf ooemnacaip. gaboit Ime. 0C6c
am eigne, .1. ticntxiflan eift-oe. CCin bo •do cafib, .1. cmcfeoicoa
•Decaii; t>a ba inonn, ootif if naxi tan ime, octif tech In fein mana be fme
THa "oatx tet, if ceojia cechxiomea na T)a bo. TTId -oan tan ime In ach-
tumfiatu If bo. TTl a nayi tet Ime, if ceofia cechfiamta na bo; ma-o cen
ime icin„ ifamaif c
b*D. 407. .1. [X>ip. cin roin cin beolti bif iciji -oa fefitinn cin conaijx. TTla
Sie. ^P- fechc cumtitu, •oaifxcc, cacha qfieinif e a]X contup, -ooib -oia
mnnitib. -TTla ci]\ cumtiile, no cfvi cuniiita, if on cinn btia:6na co
fiaittb€6f. TTloDaoncontiif^if mote cacha C|ieifi,octif if ci|i'Da
fete ctimuta if 0T)uin ; ma t:i|i -oa cumut iniufif.o, no cfw ctimatu,
If ifin cechfvtinia'o btia-otin, octif if -do edutjfi fine oca tiite. In
can if -DO fine, if ann if cfiion o fip. n|\e, ocuf afvaiti o fe|i
imefice, octif mnnti ra|iT)fom fin, iflon "oo a bfveich raiiiif ; no
"Dono, na fo^ta -do 'oentui; chenti cen ice.
pinir Don comaiche.
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JUDGMENTS OF CO-TENANCT HERE. 159
from the owner of the land, and three persons from the man who Jothj-
MRNTS OP*
seeks the passage shall attend to keep them (tJie cattle) close to the oo-Ten-
fence^ in order that they may not spread over the land. If he has ^«c^-
a way, this may be omitted; if there be two mounds to it, or two
stone walls, he is restrained by them for they are a kiiid q/* witnesses.
From this it was said, '' the witnesses are not to be removed ;"
nnless they are but of the one side, they shall not be passed ; and
from this was said, '' the witnesses are not to be removed."^
Fire 'seds' f or driving in, Lc. oyer, i.e. into it. Out, Le. outofit, i.e.
fromit. If without asking /eave, i.e.hedidnot'findanotherptS8ag«jorhe
was not able to pass along it Except forcible driving, Le. for that is*
guiltless. The driving of a cow to a bull, Le. five 'seds* which amount to
two cows for this driving in, and it is over a full fence, and the one-half for the same .
if there be not a fence. If it be over a halfpence, it {tht Jine) is three quarters of
the two cows. If over a full fence into bare grass, it is a cow. If over a half
fence, it {ihefiu) is three quarters of the cow; if there be no fence at all* it is a • Ir. Wifh-
' samhaisc '-heifer. o«/ fence.
This is a land without egress or ingress, which is between two
lands without a passage. If it be a land of seven ^cumhals,' there
is a ' dairt '-heifer eveiy season due for allowing them a passage
for their cattle. If it be a land of one 'cumhal,* or a land of three
< cumhals,' it is from one end of the year to the other. Tf it be
one passage, it is a wether eveiy third year that is due, and it is a
land of twice seven ^ cumhals ' in that case ; but if it be a land of
two ^ cumhals/ or of three ' cumhals,' it is in the fourth year, and
all this is by (in the case of) an outside family. When it is by (in
the ease of) the family, then it is one^third from the owner of the
land, and another tJivrd from the man of the passage, and if he does
not concede this (right ofway)^ it is guiltless for him {fhe oumer of
the cattle) to bring them over it; or, according to others, he is to
pay the damage which they may commit on the occasion.
> To U removed. The original is defective here.
Ends the subject of the co-tenancy.
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bech bRechcr.
BEE-JUDGMENTS.
VOL, IV.
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bech bnezhcL
Bbbjtudo- CCnn|x)tTi tii txxtifisillib caijisttte a|i bechaib; ali'op'De
iwtifisitle natfiib cafi ctfi bef 'oa tiefom each lech, cia
pa meic cia pa laigec ; a[i if a cap^giUib beffoatji
o Tnbp,echa a 'Dcaip.fce, a ccmaiT), a lloige a|i.cecha|i-
•Doic cip^e bef 'oa nefom, 'olegaic fefoe "Deolaich voih
T>e a loigib lap, naimrefuiib ftiipe.
OCniif om .1. aniifa em .1. ^oilig* TI1 cautisittib .t. if t>o na goal-
Icnb cofiitneada if 1 •Dtut^ vo neac icaf fe seatl coTii6nea6 T>a bei|i fe
^ocfi cecmT) iiainea6.i. gealt "Da |^;f.epall. a^t/iT)fiT>e .1. ccijrtilcnipT)
foip-oe sealt TH>t\itiiea6 otitio, gi-o annfa, .1. geall tkc fcrveball. T^ati
ci TX .1. w) tticc Tia peaiMHiT) ip neafu T)oib th) gad leit, t^TX!a -oa caeb ocof
l^wa ^a noiTiceann in citvo. Ci a pa m eic .1. 51T) beg giT) motx be .1. m.
f^eatlan'D no na beift. ttfi if a c aT^gittib .1. uoitx if otv Txxbai|vc 51II,
rofiitnig 'oa\i a ceanT) befuxTi btieitemnaf otxtvo. O: -d cai fxf ce .1. im an
gtett^ Q: ccinaiT) .1. fm on caeca'D. Q^ lloige.i. fm on |Hnte. GCti
cechaYiT>oic .1. "do ttidc na oeocbtia peatxccnT) if neafu Txnh 1 mtin
^)orD. "D le ga 1 c .1. ^1 eagoro fi-oe U>g -ooib atx In T>e6lai-6 no log 'oeolai'D
•Doib an log ate pomelc lai> naim-petxaib ftiitxe ,%. ia|X|» an p,e
fiitafn !mh> bei6 1 faeifie.
> TSpo ^serepattt.^ The following note on ' Cain Cuisc* is foond at tbe bottom
of p. 21 of the MS. H. 2, 15.
^^'S^X^'oa fqfveaball n^i t)igtiin octif nt tiil pT^i cup-gabail, aji ni beigen
ime t^itf gia -oa noD pogla comaitgefo, ocuf n1 biOD na gealla fo
toicef omT), atn cam cuifg ocuf mian galoitx ocnf oUabfiulg nai t^e
tie c|\i mblia-Don ; no -oan, if e geall if doiji an-o if cncTitima fxif in
coin cuifc .1. fina6c coifioitcitifa 'do jii^ xiln lap. caboific na ngeall )-x>
omoit ceo^a eile ; no gum at 1 In iain dnifg ocuf mlan galai|x ocuf
cUabixuig nai ; ocuf a cabaifii; a z\i\u^ 'du gac tijx, no ga na zucta acu
einni -Dib "oo gad ti|v ocuf gi-o mop, -oa fealbaccnb beaf In gad tijfi nuda
^leogoip adc in cacp.tima fin T)Oib tnle jie tve na cpi mbliorxxn 5 ocuf In
oeDinne p-ig a leaf if an cp.id if a bp,eit t>eo, octif gi-o fodai-oi ica ma
liiadcanaf a leaf if an cp.id a nelneadc, no go nail adc in cnctxnma fin
TKNb tnle.
There is a pledge of two 'acrepalls* for meadow and there is not for raising a
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BEE. JUDGMENTS.
Among additional pledges an additional pledge bbb-Judo-
for bees is diflScult; additional pledge is required for *^^*
them that they pass not beyond the land which is
nearest to them on every side, whether it be much or
little ; for it is according to the additional pledges
that judgments are passed respecting their ' tairsce '-
trespass, their crime, their produce, in "the four lands
which are nearest to them, for these are entitled to
a share of their produce gratis after the periods of
their exemption.
It is diff icnlti Le., **iiiisa em,' Leu difficult. Among additional pledges,
Le., of all the relieylng pledges which one pays, the most difficnlt is the relieving
pledge which he gives for the hees, i.e. a pledge of two ' screpalls/> Is required,
Le., that demands a relieving-pledge for them, though difficult i.e. a pledge of two
'screpalls.' B eyond the land, Le. to the owners of the lands which are nearest
to them on each side, at both sides and both ends of the land. Whether it be ' ^
much, Le. whether it be big or little, Le. the land, or the bees. For it 1 '
according to the additional pledges, Le. for It is upon giving the reUeving
pledge for them that judgment is passed on thenu Their 'tairsce*-trespass,
Le. with respect to the feeding. Their crime, Le. with respect to the blinding
qfme» or beasts. Their produce, Le. with respect to the swarming. In the
four lands, Le. for the people of the four lands which are next hand to them.
Are entitled, Le. these are entitled to get value for thetr *deolaidh*-rightor
the value (>f * deolaidh *-right u due to them without any price excq>t consuming.
After the periods of their exemption, Le. after the particular time during
which bees are in freedom (aoempi/ramJUes),
femee^ for no fence can be put against them though they may commit trespasses of
co-tenancy, and these are not the pledges that are forfeited therein, but the ' Gain
Guise,' 'the longing of disease* and the ' oUabruig nai' for a period of three years;
or, the pledge tliat is right here is one equal to the *Cain Guise,' Le. that 'smacht-
fines of co-tenancy ' should accumulate upon them after giving thesfe pledges for them
as well as for other animals ; or, the ' Gain Guise, ' * the longing of disease' and 'oUa-
bruig nai ; * and that the three should be given to every land, or tliat only one of them
should be given to every land, and that though great may be the number qf land'
Jkolderi in each land, only this proportion is due to them all during the period of three
years; and the first person who stands in need of them in the land is to get it» and
though many in the land should stand in need of it at the same time, they can
get only this proportion."
•VOL. IV. M2
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\
164 bech bfiecha.
Bm-jppQ- OCp, 'Dlejaic beich .111. blia'oaii fuijie, ctpe lap
nai'Dgeneraix ; bltcroain a 'OOJifcen, 511*00111 a feoil,
blia'oain a fil. Mt 'olesaic iti cecaji'ooic fin tii 'ooib
ache a chain cuifc, na allabfiig naie, no miann ngalaiti,
CO reopa bliaTKxn a fuifie, cipe lap a naichgemcefx, ap
o cha na r;eop.a bLia'ona ftiip.! pt)^ if* pop, p.in'O oipsgne
focep;c na fmachca jv. Mochi achu pa foig inT)
oipngne, an fio pctig bo co eqitiT) pop mgilc, po fa\^
in bech oc cecclamax) a chopaiT). 0 ca na ceopa
blioDna, 'Olegaic in cechap'ooic pn ape bep 'oa
nepTom 'oeolai'O 'Ooib ; ailic a paichib a cobT)ailib
cpich, apin pulaing nech 'oeolaiT) 'Oeolai'O 'Oia lailm la
Peine ; ap. ipi qxippnciti in po conpo'olaicep po chob7>aili
qiich.
CC^v 'otegait; beich .1. timti 'oleagai'D bei6 beicti |ie tvo c|ii mbli<rt>an
I jKciixe. Cipe lap nai-ogeifiecatv .1. abe laif 1 njjeinent) f^vo gti ait
no gu e<r6a blia-oain .1. In bticroaln 1 ctupnsefiT) pav .1. In ce-o
bti€n>ain pn. blia'oain a feoil .1. btioDam 1 mi pioitt "oib, in
blia'oain canaife. blia-oain a fil .1. In bliODain a filan-o fioD, if an
cjveaf blia-oain. fli 'olegaic in cechajX'ooiT; fin.i. no 50 "oleosaiT).
^Tkeir breeding. — The age of the bee ifl estimated by German apiarians as one
year, but Haish shovs that a queen-bee lives sometimes four years. See EuUhy
** Nature, Economy, and Practica] Management of Bees,** 2nd edition, London,
1817, pp. 246, 248, 249. .
* According to the division o/ike land. — ^Dr. O^Donovan remarlcs here: —
" From these texts and glosses it appears that the person who reared bees,
was obliged after the third year to share their honey with the neighbours
who resided in the four townlands lying around him in every direction, that
during the first three years some of the honey was due to sick persons and
to certain dignitaries, as an * ollave *-poet, a bishop, a professor of literature, &c.,
who may live within or happen to be on a visit in any of the four townlands
which were entitled to the produce of the bees.
The quantity of honey to be given out for these three classes of persons
was proportioned to that produced by the bees. If the produce of the bees
amounted to the full of a * milch-cow vessel,' i.e. a vessel which when full a man
of ordinary strength could raise to the height of his linee, they shall get half the
fuU of an 'esera,* if they produce the full of a 'samhaisc*-heifer vessel, which a
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BEE- JUDGMENTS. 165
For bees are entitled to three years* exemption, bb^judo-
with whomsoever they are produced : the year of **i^
their production, the year when they are few, the year
of their breeding.* The people of these four lands
are not entitled to anything but according to the
' Cain Cuisc,' or ' allabrig naie,' or 'the longing of
disease/ until the end of the three years of their
exemption, with whomsoever they are produced, for
from these three years of exemption out, it is according
to the injury that these * smacht '-fines are imposed.
It is only as the injury requires, for as long as the
cow requires grazing until milking time, so long does
the bee require to gather its produce. From the
three years out, the four lands that are next them
are entitled to get a gratis share^ they are entitled
to a share of the swanns according to the divisions
of the land, for no one entitled to a gratuity is liable .
to a gratuity to another with the Feini ; for this is
the third tribe-property which js divided according
to the divisions of the lands.*
For bees are entitled, Le. for ^ oumerM qfhwB are entitled to be a period
of three years in exemption. With whomsoeyer they are prodaeed, i.e.
with whomsoever they are generated quickly or lawfullj'. Theyearo/* their
produetiomj Le. the year in which they generate, Le. the first year. The year
when they are few, Le. the year in which there are bat few of them, Le.
the second year. The year of their breeding, Le. the year in which they
breed,* the third year. The people of the four lands, Le. the people of
man can raise to his navel, they shall get one-third of an ' escra ; * if they prodnce .
the full of a *colpthae *-helfer vessel, which a man can raise as high as his loios,
they shall get one>foarth of an* escra,* if they produce a «dairt*-heifer vessel,
which a man can raise over his head, they shall get the one-fifth of an * escra.*
• Tkt year in which they breed, the third year. On this Dr. 0*Donovan observes : —
It is difficult now to determine what induced the author of this law to suppose that
bees were three 3'ears old when they began to breed. Tlie age of the bee is estimated
by the German apiarians at one year, and they hold it as undoubted that the queen
of the present year is not to be found in the hive the following year. The age of the
common bee is estimated at one year, or one year and a half. But Huish shows that
a queen-bee sometimes lives four years, and cites various writers who assert that they
have seen hives which were ten, fifteen, and thirty years old; but he remarks that
** it must not be supposed that in fixing the duration of a hive at fifteen or twenty
I . • "^ Digitized by Google
166 bech bfiedia.
Bm^Jtoo- tatz Tia oeo^jva peccfuxivD pn \nf fmon ^oi-o til ©lie wMb. CCcti c a cti ai n
*"""" cti 1 f c .1. ace tviagcnl na wge ctii|^ .i. in ill afcmgpat ociif nl dn-oe^ pt
ttfio, no go ma-o leichefcjva i lepcafx tuloici. Loichofqxa T)Oib a te|*Dat\
Uilaioe rtiatvsaib peati go gttm ; rtwan e|»qfia a tea|Tatv |Htm<n|X5e cucrjigcnb
peofi go itnlinn ; cecccYifuxma ej^qia a lefcaix colf>cccige mofigcnb peocfi go
cqfio; cuicecTD eajH^a a teafcctri •oaiixce euarigaib pooyi of a cbinn. tl a
attabfvtg tl ai 0 .i. •oaetain ccn|*ig tia Txntne, .i. no !n n1 -oa betvat^ ^<wi
CI Of <^b|vi$ bif tim ccncn, no brmg atx onnaT) octif olt afv a *D0inine
.u in coUom gaife. .i. T)ia ci otlbtiig a Ian ai .i- fwg no epfcop no tiaptt
nomecro cena. Tlo mi an ngataifx .i. nom mkm tk) befxati tk) in can
bi 1^ 1 ngalop.. Co ceo fi a bti a^an .i. co ceant> cr^i mbtiocoon bfo beic
1 faeifie .i. geni oile eifcib atz pn.^ Cip .n a-o. Ha ceofia bti e'en a
.1. ocba na cfii btia^na fin biT> beid i faetxe. If p oxitvin -o .i. if -oon
iote ipojio tvoiiiT) In-D a noifigno. Poceixc .i. 6iiiTxtiTX In finafic ifeo.
CCn tvo f aig •!. !n^ aifieT> |U) m-ofaigef fei& Ro f ai§ in bech .i. jxo
in'Ofaigi'D m coma'D cecno* 0 ca na ceojva btia'ona .i. ota na cfii
blice6na bix) bei6 1 faeifie. OCitic a f aictiib .i. oitiitcnigi'D tacc na
qiide f oite "oo ooib^elegu'6 T>oib. OCfi n i f ataing .f. uaifi nodon imtii-
tingenT) nead n1 m "oeolaDcaifie, m naifa-o, -oa 6eile. "OeolaiTj .i.
T>eolai'D teif afx aba m cam cuifc ocuf in tniann galaifi no mv alta-
bfitngna CCfi if i ctxifpincitt .i. uaiti ifi feo cfieaf pne T>atoiJ
oaentoioilcefi jpo 6oibvelega'D na qxid.
Cob'oaile faiche, ocurt>Tier:habai|x|xbtrnai'D, ocuf Ufci
ctiiixiT)fie rtitx qiica; aifi ifui'oe fvo fuiTytgeT) gelptie
octif 'Deixbyine, lafifine ocuf in'opne hi pnreDaib sjiiam
yean, it is not meant thereby to infer, that it is peopled with the same queen or
the same bees daring the whole of that time. A hive in this respect" (he con-
tinues) " may be compared to a city ; the inhabitants who founded and bailt it
are long since dead, bat 'it -still remains peopled by their descendants, and many
perhaps have emigrated from it to form a colony elsewhere.*^
The same writer states that the bee is generally in its state of perfection from
the 31st to the 2drd day; that the drore takes its flight usoally aboat the 27th;
the qneen about the 1 6th. They are entirely suspended daring the cold weather.
Euith, 2nd Edition, p. 129.
" The young bee has no sooner emancipated itself from its cell, than the common
bees flock around it, and with their proboscis cleanse it of any extraneous matter
which it may hare brought from its cell. At the same time, the young bee
seems delighted with the attention which is shown it It first tries its wings,
then cleans its antennsB, and in a few minutes is in the fields gathering provision
for the hive.** ffmsh, 2nd Edition, p. 180.
''When a young queen-bee has emerged from her nymphal state, she is capable
of laying e§rgs in the ^ace of three or four day^, and she would lay them if she
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i
BBK-JUDOMBNTS. . 167
these four lands which are next to hand to them are not entitled to get anything Beh-Judo-
else. But according to the *Cain Cuisc,' Le. but the rule of *the drink
from the hire,' i.e. the thing by which it ia understood, and there is no limitation
upon it, or, accordinff to some, it is half a cup' out of a milch -cow vessel. Half a
cup is due to them out of a milch-cow vessel which a man can raise to his knee;
one-third of a cup out of a ' samhaisc *-heifer vessel, which a man can raise to his
navel; pne-fourth of a cup out of a * colpthach '-heifer vessel, which a man can raise
to his loins ; one-fifth of a cup out of a * dairt Vheifer vessel which a man can lift
over his head. Or * allabrig naie,' i.e. a sufficiency for the chief of a party
at a/east^ or what is given to the person who is of great power in science, or *brug'
for steadiness and 'oU* for his depth, Le. the ^oUav* of wisdom, i.e. to whom
great force comes from full science, ie. a king, or a bishop, or any noble dignitary
whatever. Or the longing of disease, Le. or the thing wliich is g^ven to him
to satisfy his longing when he is in a disease. Until the end qf three y ears,
Le. till the termination of three years bees are in freedom, Le. without being subject to
anythmg else to be obtained out of Ihem, but that be/ore mentioned. Cip Le. cid. fVom
the three years, Le. from these three years during which bees are in freedom.
According to the injury, Le. it is for the people to whom they go, accord-
ing to their injuries. Are imposed, i.e. this *8macht*-fine is imposed. At
long as the cow requireSf Le. as long as she requires. So long does the bee
require, Le. require the same length. From the three years out, La.
from the three years that bees are in freedom. Are entitled to a share ot
swarms, Le. the people of the land are entitled to a division of the swarm. For
no one is liable, Le. for no one is liable to pive anything in gratuity or of
grace to another. G r a t ui t y , Le. it is deemed a gratuity by him on account of the
*cain cuiscj'or 'the longing of disease' or the 'allabmigh ne.' For this ia the
third tribe-property, Le. for this is the third tribe-property which is fairly
distributed according to the division of the lands.
The distribution of the swarms^ and the judgments
of top and trunk of trees, and drawing water across
lands ... for in respect of this 'geilfine' and 'derbh-
fine,' ' iarfine ' and ' innfine * are placed by the Feini
had a particular establishment of her own independently of the mother hive^ in
which the young queens never possess the privilege of laying their eggs. She is,
however, in a state qualified to place herself at the head of a colony cUsposed to
share her fortunes. Such is the attachment of the bees for their queen."
^ The first swarm that appears in the spring is always in part the produce of the
eggs which were laid in the preceding year. These eggs have subsisted in the
hive during the autumn and winter in the state of eggs fecundated by the drones. .
These eggs are not hatched until the return of the warm weather in April oar May,
and the drones which arQ the produce of these eggs as soon as they have quitted
their nymphal state, fecundate the eggs, which the queen has already laid in the
cells of the present year.'* llmsk, 2nd Edition, pp. 190, 191.
' A cupf * escra.' " Quoddam argenteum vasculum unde potentibus personis potns
hauriri solet, quod Hibemic&llngu& vocatur eeera,^ vita Darercae.-~(BniB8el]s^ MS.'
quoted by Dr. O'Donovan.)
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168 bech bfiecha.
Bn^juDo-ta Peine. CCfi ifi hfiezh baitifi bttnaiT) la feme
ali'op'De cfio ima cofuro, pobich fnuoco a|ie ini'Dcutfie-
chap, a ropa'O, ap, 'Oilpschip, bap.|i btinaiT) a ccopxro in
cechfiamctD blioTDain "Do cifi incuifiichefi a 'Dcofuro.
CobT>aite f aictie .1. fctiti -do cobveile§tii6 •ooib .1. if in o«6Tvtiili<ro
blicr6<nii. bixecfia baijvtv .1. In bfieot occa icijx {re<xfi bona In cfiain'o
ocni^peofv a tkntv. Uf ci ctufii'Dne .1. octif in t;tii|*ce ccaixgicet^ cati na
f^eaTion'Daib. OCifX if mtie .1. nontx if tx> dofmoiliaf na aei eooa ipn |io
fiii'6ise'6. S®^P'*^® •!• '" cobofv. T)e|ibpine .1. in *Ditie o ix>biiti 511
iln-o. lajvpine .1. In tin-D. In'opine .1. oWn-ofif. Ill pmce-oaib .1.
1 p1ne'DinT>ib in pea|iam> "DaYieifi in-o enedcnf. CCjx if 1 bjxech .1. uaifi
If 1 foo bfieo^ oca icijx {^eaTi bona fn cfiatnT) ociif peai\ a toitfi ^>o fieitx
fnT) tene^cnf . CCli'Of i-oe .1. aiT^itcnisi'D feip-oeig qio -oa *enafh tm a
tofio^ pobich f ntia-D citxe .1. pon pot feanaich no ecoifc in ciTii» m
feafum'D Ina T)a ctntvenT) fe a totxtfo. CC t\ tj 1 1f 1 gc h 1 1^ -i- uoifi ■oitpsi^
feofv bona In qfvainT) i^otux'd a baijxt^ gad ceatTvomoD bliaton T>iMTX In-o
feap^nT) Ina ^a cuifiiceiv e. 1 n cu iixich etx [.1.] in bajvfv.
Inna ceofia blioDna aile conpoDlaicefi 1 n'oe eicifi
cifi ini'Dchtufiichefi ocuf cifi afa nafa; cipe 'Oallina
ini'Diconnge, 'Oipenafi leich'Difie 'Oia pailiti a befaib pT)
bfiech, fo fuifie cacha yieva, amail po fui'Dije'D la peine.
TTlaT) caipbe, T)ipenap fo caipT)be cacti t:eT)a, co
cenitril 'oo, ache ni foepef nemeD "oe.
CCca ampep af coimTOipe caip'O'obe cacha pe'oa ppia
btinebe ; aca inT) ampep aile ni aile ache cpian 'oipe ina
roip'Obe. ^
nitfo beich pogabac anT), conpoDlac a copoD ecappii
1 7%$ emhankmirU, It ii Teiy difficult to decide whether the truh word thus
translated is *'oi|io' or •'oine.*
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BEB-JUDGMBNTS. 169
among the tribes of the land. For the judgment of b*b-judo
top and bottom, according to the Feini, is that a ".I^
fold is required about his fruit, because of the appear-
ance of the land in which the produce is sown, for the
bottom is entitled to the fruit of the top every fourth
year, of the land in which the fruit is sown.
The distribution of tho swarms, i.e. the swarms to be divided by them,
Le. ia the fourth year. The judgments of top, Le. the judgment that is
passed between the owner of the bottom of the tree and the owner of its top.
Drawing water, i.e. and the water which is drawn across the lands. For in
this, i.e. for it is after the likeness of these they are placed. *6elfine,* Le. the
welL ' Derbfine,' i.e the embankment* from the well to the pond. 'larflne,*
Le. the pond. * I nn fi ne,' Le. from the pond down. Tribes of the land, Le. the
tribes of the land according to the ' FenechusMaw. For the j a dgmen t, Le. this
is the judgment that is between the ovmer of the bottom of the tree and the owner
of its top according to the ' Fenechus Maw. Is r eq uired, i.e. he ought to make
an enclosure about his produce. Because of the appearance of the
and, Le. because of the surface or aspect of the land, of the farm in which he
sows his produce. For the bottom is entitled, Le. for the owner of the bottom
of the tree becomes entitled to the fruit of its top every fourth year; t.e. it is du9
to owner of the land in which it (the tree) is planted. Is planted, Le. the top.
In the other three years it is divided into two
parts between the land in which it is planted and
the land out of which it grows ; whichever of the
two parties commits injury, he pays half ' dire *-fine
to the other according to the customs of wood
judgments, according to the rank of each tree, as
it was established by the Feini.
If it be cutting, it is paid for according to the .
cutting of each tree, according to its kind, except
what the ' nemedh ' frees of it.*
There is a time when the cutting of each tree is
liable t(f the same ' dire '-fine as cutting the trunk ;
there is another time when it incurs but one-third
Mire '-fine for its cutting.
If it be bees that have taken up their abode
there, they divide their produce between them into
* Frees of U, The worda ' nemex) 'De»* may also mean, a * nemedh* of Qod,
* an ecclesiastical dignitary.'
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170 bech bfiecha.
Bm^uDo- 1 iToe CO centj ceopxx blicroan; ache if i ane ora nora
MKHTB.
in CO|lCCT).
. Ifina ceofia .1. fnaqfii eite. Conpo'otaicep. .1. if oa6fn t?otoilciix
cqii <i>o iciT\ {n'^eoiuni'D ana 'oa caiTunt) fe a tOTioo a btmcco .1. in peofv-
anT> a|xx nafanx> fe; coffii\oin'o tofun^ In qvoin'D afi tm) 50 oeonT) cfii
mbliaina, icifi peap. bona m q\ain'o octif pea|i a tkcififv .1. ociif a torxoD
Sa6 oeachtvamoD blio^in 'opiT^ a boiTVTi- Cipe .1. cibe txm t>a ima'D
pn em ctaWisef .1. a leoDfurD. "OifienaTx .1. eiTiniT) pve teitDifte an'o
' t>ia ieile. OC bef aib .1. a baif gnae no aibinT) byieiteThnoif na peo^
Po ftufve each a pe^a .1. po uaifti'Decon'd goca peo^ .1. giT) pioDan
5n> cnmfUL Ho f 11 id 1 get) .1. aiiionl yu) faiDtgeD e do |vei|v in-o enecaif.
Tna-D caifvbe .1. maDoricinioetl'Donetatv "Dittetiati -t. «|iniceix
po aifvoeibi gada peai5a if com ait cendl ^if, ociif ni leacajfvcafi nila
OCchc ni f oetvef .1. atz inni foe|\af -oefin a beit conat> p'6 n6irhi'6 e
tioiTi no£on po oigneD cp.atnT> ica itia itip-oe, ate po aigne^ St^part in ci 15a
miT).
CCza amf e|v .1. ica aimf0|i if cofb'DiTie aitvotlmcealt 506a pea^
pfvia beim T>ia bun a loncimcell \ mif fna|ibx)aca'6. OCca int) amf e|i
.1. ca afrnfefi eile, octif noco naifiilcnisonT) fe atz cjiian Diiie .1. va
cfuan na tomcimoeall 1 mif beoapva'Oi no cfiian a loncim^eall 1 mif
ihafi^Dorca'D.
TTla beich .1. mar) bei6 gaboiT) ant). ConpoDtat .1. if coin foDaile
a cofva6 na foitev acojxa af\ DO CO oeonn q[ii blioDncu OCcbu if 1 cifie
.1. ate agiim if tie f^eafialnD.
PeafxafriT) af an pafanT) fe a butiti'D a cofiai'6 gad ceatfiaTiia'D
blia6aiT), 50 jioinT) roixoiTD r\a mbeac a|VT)o 5a cecmx) cjii mbltatati,
icifi fea\i bona in d|iainT> ocuf feafi a baififi ; octif a tofuct gai
ceafc|iatiia6 bliatam t)i|i a bona, amailbefief f ea|i in baififi nojioco
fn qxafn-D gaca ceccrftamoD bliaoam, if amlaiT) fin befief fea^i
bona fn qiain^) cofia-b na mbeac ^ac ceaqxaniOD bticcoain. Co na
1 A dead numth. That is, a month in which there ia no vegetation.
• ff it he (0e«— See Huish on the rearing of bees in the trunks of trees. ^ In
Poland the laws are particularly seyere against robbers or destroyirs of this
. property (bees reared in the trvnks of irtes% punishing the offender, when
detected, by cutting out the navel, and drawing out his intestines round and
round the very tree which he has robbed.*'
'^Yarro is the oldest who mentions hives as a receptacle for the bee; since his
time the form, as well as the materials of them, has been much altered, and they
are to be found of all sizes and forms in different parts of the world." Mui$hf
2nd Edition, p. 52. See also pp. 412, 418, il4.
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BBE-JUDGMKNT8. 171
two parts to the end of three years ; but the produce bkb-Judo-
belongs to the land out of which it grows, —
In the other three, Le. the other three years. It ia divided, La. it ib
fairly divided into two parts between the lirnd in which he sows his produce
originally, i.e. the land from which it grows; the fruit of the tree is equally
divided into two part* to the end of three years, between the owner of the bottom
of the tree and the man who owns its top, i.e. and its fruit every fourth year to the
owner of its top. Whichever of the two parties, Le. whichever of the
two has injured the tree, Le. by cutting it H e p a y s, Le. they pay half * dire*-fine to
each other. According to the customs, Le. according to the good or
pleasant knowledge of the judgmeotof the trees. According to the rank,
Le. according to the nobleness of each tree, I.e. whether wild or sweet Was
established iy the Feint, Le. as it was established - according to the
'Feinechus'-law.
If it be cutting, Le. if it (the cutting) be made all round. It is paid for,
i.e. it is paid for according to the high cutting of each tree which is of equally good
kmd, but it is not cut all round. Except what the *nemed* frees, i.e. but
what is freed of it by its being a * nemedh * tree, for it is not according to the
nature of the tree that this is, but according to the nature of the grade of the
person who possesses it
There is a time, i.e. there is a time when equal * dire '-fine is jmu? for high
catting the round of each tree, and'toi cutting it all round at the bottom in a dead
month.* There is a ti me, Le. there is another time, and it (the cutting) does not
incur but one-third 'dure -fine, Le. two-thirds for its full round in a living month,
or one-third for its full round in a dead month.
If it be beee^, Le. if it be bees that have taken up ^^V abode there. They
ivide, Le. they fairly divide the produce of the swarms between them Into two
parts to the end of three years. But the produce belongs to the land, Le.
I make an exception as to the land.
It is to the land out of which it (tree) grows originally that its pro--
ducd belongs every fourth year (untU the produce of the bees is
divided into two parts to the end of three years), between the
owner of the bottom of the tree and the owner of its top ; (and
its produce every fourth year is due to the owner of the bottom,
in the same way as the owner of the top gets the produce of the tree
every fourth year), so the owner of the bottom of the tree obtains
the produce of the bees every fourth year. This is when the
^ When bees were first cultivated in Germany, the hives consisted of excavated
trunks of trees, which were placed perpendicularly in a row. In Spain they are
formed to this day of an excavated trunk of box."
*'In Russia the swarms are placed in earthen vessels, and in Provence and
different parts of Italy, they are made of four planks well fastened together. In
the latter country they are alfo made of the trunks of trees.'* Ib, pp,
68,68.
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172 becTi bfiecha.
Bbb-Judq. pinra i^eafi baTiam iTia fnbea6 cniiT>fiii ; no so fnorb afi ctuT) pif. in
qfunnT) 'Da bet in comfioint) ftn^ iqi mbfieiu TMfi banotiT) a tu\X)
eifeib fvoime.
ptnciti sfiiain i tnbec bfiechaib ifp feDe pochofle a
'Detfibpne, aji if i 'oeifibpne i mbech bfierhaib ciji bef 'oa
fierom |X)T)aloin5. If peT) on aitef cecfaiche 'oeolai'O T)ia
ceofux mblia7)an. Ma ceoiia cjiicha aile, qiich 'oib bef
XKL nefom, bef cech cofuro, ipT)e beixef canaife. IHod
comceqpi, ocuf moco commaich a co|i(rD. pce|i'Da|i cftann
ecufifiti T)uf cia ve be|vef canaife, ocuf mefiaije ; imana
in cechfianfiaD cfiich conbefi cec faiche t)ia blioDain ;
ache 'olegafi 'oonaib cjiichaib feo nafifie foifiche
foce|iT)ac in bech faiche, a]\ a mbe peji uai'Oib occa
nimchomtiec, a\\ na efiloc a faiche; a^x T)ia nefilac, ni
Dlegacfom fomtiine, octif foloingaqpom beochti cp
cenT) mbliaDna aichijifiuch.
Pin CI a -1. ccca 'outcttf -oon ine a 'Diials<>f '""^ peatMtfnt> ip no beadaib
TK) fieifi na mbtieot. poch o|*le .1. if ip-oe ^xtap le e ix> 6opnaitiii|»
na T>6tfibine a|\ seiUne. CCn- if 1 .1. uaip. ip cophaiWuf na -oenibine a|i
Saline 1 mbfieiteffinaf na mbead. 'Cin- bef t)a nef om .1. Hi featvonr)
If nefu -001 b, immlnsef la-o. 1 f f e-o on .1. ifi fi'oeig op-ilcmgef ce^foite
w in'oeoloD^aiiie 1 cinT) cp,i mblioDan. "O^ota -o .1. if e cui-o in 'oeolai'D
nti^iin eigen di cp.ancuti. Cn.icha aile .1. in cpid -oib if nefti ocuf if
fea|V|\ uofta'6. Ifi-oe .1. ip fi-oe be|ief in foite canaife. TTlaT)
comcecf 1, .1. max) comaqiaib lat) ocuf moo comait a cofioo. "Diif
cia -oe be fief .1. T)a if cia belief in faite canaip. Tnetvaige .1. cia
belief in fmetiaige. Imana in ceachn-ama'D .i.eamnai^hi ceatfva-
nia6 qii6 gu mbeyienT) fi ce-o faite 1 anu btia-ona a|i c|ii bbia-onaib, no
I an-D na blia-onafin pein. CCchc •oleBatv .1. adcaiglni 511 nT>lea5an.
T)0 tfldc na peafianT) fa na fiee folufca|\ 1 cuitii'D bete faiti naitib. CCV'
1 To watch ikem,See Huish's Treatise on Bees, 2nd Edition, p. 192. **To guard
agiinat the fallacy of these signs, the most prudent method is to keepor appoint a regular
watch, from the hours of 9 a. m., to 3 p.uL Hanj persons select children for this
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BEE-JUDGMENTS. 173
original owner of the bees la not known ; or, according to others^ Bbb-Jitdo-
this division is of the share of the owner of the tree, the owner of
the bottom having previoaslj taken his share therefrom.
The tribe of the land in bee-judgments is like
the ' deirbhfine/ for in the bee-judgments the land
which is next to them and which supports them is
the Merbhfine/ It is entitled to the first swarm
gratis after three years. Of the other three lands that
land of them which is nearest, which is of best
produce, shall get the second. If they are equally
near and if the produce be equally good, lots shall
be cast between them to know who shall obtain the
second swarm and the ' meraighe'-swarm ; the fourth
land shall make its claim, and shall get the first'
swarm after one year ; but these lands are bound in
the bright times when the bees send out a swarm, to
send a man to watch them,^ that the swarm may
not escape ; for if it should escape, they shall not be
entitled to profits, and they shall support the bees to
the end of another year. -
The tribe of the laDd,i.e. the tribe is entitled to a share in the bees, in right
of the land according to the judgments. Is like i.e. it bears it away after the
likeness of the 'deirbhfine '-division from the 'geilfine'-diyision. For it is i.e. for
it is like the 'deirbhfine' over the 'geOfine' in the judgment as tobeesi The land
which is next to them, i.e. the land which is nearest to them, which sustains
them. It is it Le. this is that which is entitled to the firstswarm gratis at the end
of three years. Gratis, i.e. the force of 'gratis' is that it is not compulsoiy to
cast lots. Of t%e other three lands, Le. the land of them which is nearest
\ and of best produce. It is it, i^ it is it shall get the second swarm. If they
I are equally near, i.e. if they are equally near, and if their produce be equally
' good. To know who shall obtain, Le. to know who shall get the second
swarm. 'Meraighe'-swarm, i.e.whoshallobtainthe'6meraighe*-swami. Th«
* fourth shall make its claim, Le. the fourth land sues until it obtains the first
1. swarm at the end of the year after* three years, or at the end of that very year. Ir.
t Are bound, Lcb I make a condition that this is incumbent on the people of
V these lands in the bright times* in which bees send out swarms. To send a
i purpose, who are often led away by trifles, and thus the swarm, the chief profit of
the proprietor, is lost to him.**
^ > Bright Umes. — ^The bees generally swarm from the hours of nine till three lo
May or June, in England. BuUh, 2nd edition, p. 189«
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174 bech bfvecha.
Bbi-Jvoo* a m be pefv .1. go fiab t^eaTi ttocitib 05a ntmcoimeu OCfi n a efilac .1.
ttTi na ^o eloco na fonti. CCt^ t>ia nefvtac .1. iicn|i «ta neUco .k in
foiti. Co cen'Ofnblia'ontx aichiTtfiach.ivaTiufviblicrDnoabateiva£
111 fen*i.
CiT) po 7)6110 coniT) •Don 7)111116 feot T>lea5ati in faite -do cornier
fan-D, octif contiT) v^xi qiainx) "olegap, uif coimec in ciiainT). If
e i:ach po T)e[\a,fep. in qiaim) geibef Difi na mbeach nf a beich
W) bjveit leif, ocaf cot^i ^etnax) he vo doiTneccro vo; fanT) imofifiu,
noca sabcmT) jn 'oaine fea T)1|X in pairhe a faite -do bfveit leif,
a6c CO fio caifxdiefi he, ocof coifi gemorb 6 f^n x>o co^mezav vo.
. *Otiine f em octif beich ai^e, nochor uiUic beich ic luchi; na
feajionT) if nefa vo. Ocuf ifeT6 T>l6^afi "oe cam cuifc, ocuf mion
Saloiji ocaf allabtiag nae, x)o cabaiyxr -©o lochr na ceitfvi
fectfianT) if nefa "oo |ie |ve rf\i niblio^an; ocuf comivain'o
forche 'Doib if in cerhfiumaD blioDam ; ocuf if 1 comfiamT)
T>le5apr DOib .1. cec faiche ocaf rxmaife ocaf pnefvaise. Ocaf in
cp.16 t)ib If nefa ocaf if fe|\|i cojiat if 1 beifief cec faiuhe gan
cfian'DcaTi; ocaf uanaifi ocaf fmeftaige do bfieit x)o na ujxi
qfiidaib aile ; ocaf ma ca 'DibfiT>e cfti6 if nefa no if feafifi
i:o|ia6 a ceile, if ranaifi -do bfieich di cen c|\dn'DCu|i; ocaf
cpxxn'ocu|x TK) cafi infi na -oa qfiiich oile, ocuf m ti -oib do
fuacu beich cam in btiooam fin if cec faiche T)0 b^xeit -oi,
aft If gen cfianT)ca|i ; ocaf m cam caifc ocaf in mian nga —
laifi, ocaf in allabfia^ nae vo cabaijic vo lachr na cetp.i
feapxcnx) if nefa -ooibfiam in bliaT>ain finj ocaf unv aaif,
bef aimfep, co|xa faiche x)Oib if fer) T>le5a|x -oiix na mbech a
focp,a 'Doibfiam ne6 uaitib aca coimec afi na |ia eUcc. TTla |ia
focai|Xfiom •ooib if fei6 'otegaii Dib a cabaip,c, ocaf mame cago^,
va nelac na bei6, nocon fail comfiamx) faiti -ooib in bliooam fin.
TTlaT) in-ofcadaT) -do neax) lade na fait, iff et 0)165011 cam caifc
ocaf mian njalaifi ocaf allabp^ig nae -do rabaific -ooib |ie |ie
cpi mbliaDan;ocaf aenfeacc cacha bliotam •ole^aix na neido
ifein. TTlaine 'oeafinofac in'Of cadaT), ace nocho nail ni •ooibfiam
on-ofite, a|X iff aatat conoifig ffii fochai-be cex>.
> 7^ second. — "A second swarm in this coontiy is veiy seldom worth presenr-
ing through the winter, as the stock of honey which it collects is not sufficient to
maintain it throngh a wild season." Ilaish, p. 210.
ifofiy. There is a note by the scribe here, partly illegible ; he appears to haye
been Aedh, son of Concubar (Connor), son of Gilla na Naemh, probably, of tho
MacEgan family of Brehons.
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BBS-JUDGMSNTS 175
man, 1.6. that a man is appointed by them to watch them. Tha It may Beb-Jupo«
not escape, Le^ that the swarm may not escape. For if it should mxmtb,
escape, Le. lor if they should escape, ie^ the swann. To the end of another '^^^
year, ie. the swarm for three other years.
What is the reason that it is incumbent, on this porson to
watch the swarm in this instance, and that it is the owner of the
tree that is bound to mind the tree in ike case cited below 1
The reason is, the owner of the tree obtains leave ^or the owner
of the bees to take away his bees in this case cited below, and it is
right that he (the avmer) should mind them ; but in this case, this
man does not obtain for the owner of the swarm leave to take
away his swarm, but that it be set, and it is right that he himself
should mind it.
This is the case of a man who has bees, and the people of the
lands next to him have not bees. And what is due of him is to
give the < Cain Cuisc,' the 'longing of disease' and.'allabrug nae' ,
U> the people of the four lands next to him for a period of three
years; and the swarms are to be equally divided by them in
the fourth year ; and they are bound to make an equal, division,
Le. q/* the first swarm and the second^ and the ' smeraighe '-swarm.
And the land of them which is nearest and of best produce shal]
obtain the first swarm without casting lots; and the second swarm '■*
and the ' smeraighe '-swarm shall be obtained by the other three
lands; and if there be one of these lands that is nearer or of better
produce than the others, it shall get the second etoarm without
casting lots ; and lots shall be cast between the other two lands,
and the one of them which happens to get nothing that year
' shall get the first swarm, for it is without castiDg lots; and
that year it shall give the * cam cuisc ' the 'longing of disease' and
the 'allabrug nae' to the people of the four lands nearest to it;
[ and when it is time for their sending out a swarm, the owner
t. of the bees is bound to give them notice to send one firom among
I them to watch them {tlve bees) that they may not escape. If he has
\ given notice to them they are bound to comply,* but if he has not •ir. TegUe
\ been sent, amd if the bees depart unobserved cmd are lost, there is no ^^
I division of the swarms for them that year* If the owners of the
swarms have gone away (removed), they are entitled to receive but
'cain cuisc,' 'longing of disease' and 'allabrig nae' for a period
\ of three years; and once in each year these things are due. '
I K they have not departed, there is nothing due to the others
then, for it is a case of 'few prevailing over many.'
(
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v-r-
176 bech bjiecha.
bk»-judg> Cach qiich fioticca a zechza m 'Dlijai'DecaiiisiUena
fmachru, afi ifeD uacccch in fait) conoifij pfii fochaiT)
la Peine. TUctd infcuchuT), ni Dlejafi ni TMb ache
cam chtrifcc no miann njalaji no atlabfitu^ nae,
afiTDlegaifi 'ooibfeoni lap. naib ceofiai blia'Onaib txii|ie;
If ia|i fen fUiT) pop. a cechca, cip 'Otrne tafain ba
tifo caafigaiUe naitxiti oU'ooce fmachca ; if poma th)
each |^echt; oca mbec.
t V- ' CC cechca .1. In |Htiti. t^i 'Dti^ai'oecaiivsilte.i. 5eallT>afciiea-
^^'" batt. t^a pmachua .1. na faiT:he. CCfi \fev nazazh .1. a aen
foize feoih 1 naigi'o fdite ifn-oa ittd t^T^ ci^* HlaT) iii|«cac1iii'D .1.
moTD fieicTieaccafi iccd .1. nTtstcm if an cecRshTiamcn> bticroonn. tit
t> te gati -1. nooo 'oleagaTi ni etle 'DOib tm) na qvichaib. €C ft t>le5ai fi .1.
noitt 'Dlea^gofi THMb pn tioittb ia|i na btiotnaib imiT) 1 jHieiTie. 1 f ia|\
fen f HIT} .1. loyvf on ctief blia'oain. pop. a cectica .1. jpop, in infciichu'6,
no fofi in faite. Cip t) u n e .1. pb 'ouine fiif noco ufti geaU/ coptiitnead,
Ofitvo .1. seatl T>a f^pebatl^ •8macbra .1. na foite. If pom a .i.
If po a ihoit, no if poeifica vn ^ad price 'omne 15a mi'o, no if pogo.
If T)i fitii'Oilfib 1 n)bechb|ier;haib la peine cipe
pofifa fittifiec occa cottu'D, occa ctmifctichti'o, occa
n^abaily occa nT)ecfin 'oajio fOfcati in am in TOchtiinlar.
Ccechca 'ooib 'oan, cipe in|itii|iec oc 'Otit feccti ia|i na
chonai|i> vo neech na 'oene olcc nach annfiefe pfiiti ; aji
• if efe'oe poil ailep ailep f aiT) inT) pi|i tm mil popjaib-
chefi anT), la piji o ca fui'oiti naT) fxo mapb in bech
fvoDmbi ; a|i ma fio mafibrhafi px), aficec a anaiT)
amal each.
Pop-f a p.iiip,ec .1. cnea6 15a miUe^ no oca mayiba-o. Occa
canifcticbtiT> .1. af gacleafcay^ -do leapcap. Occa ngabait .1. -oa
bap.pcnb ocuf "oo itioisnib. Occa n-oecf in .1. 05a n-oecfain wifi a
foifcHT). In am in cocbamtaci. if an pe jHitain ico mmUiai'Di'D
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BEE-JUDGMENTS. 177
Every land which has given what is lawful is not bbmudo.
bound to give additional pledge or ' smacht '-fines, ^^^
for that would be* a case of ' the few prevailing over • ir. u.
the many' with the Feini. If they depart there is
nothing due to them but 'cain cuisc/ or * longing of
disease/ or ^allabruig nae;' for these are due to
them after the three years of exemption : it is after
this he sues for his right, whoever he be that deems it
easier to give additional pledge than * smacht '-fines ;
it is for the good of every kind of person who has them.
What is lawful ie. the swarm bound to, and additional pledge, i.e. a
- pledge of two * screpalls.' Or <smacht'«finea, Le. for the swarms. For that
would be the few, &&, Le. his one swarm against the many swarms of the
other man. If the/ depart, Le. if they dispose of them by sale, le. utterly^ in ^ Ir. Qm(§
the fourth year. There is nothing due, ie. nothing else is due to them from ^^^"^
the lands. For the$$ are duer, i.e. these are due to them from the others,
after the years during which they are in freedom. It is after this he sues,
i e. after the third year. For his right , le. for the departure, or for the swamu
Whoerer, Le. whatsoever person it be to whom it is easier to give a relieving
pledge for them, Le. a pledge of two 'screpalls.' * Smacht '-fines, Le. for the
■warms. It is for the good, Le. it is for hia good, or it is eeded to every kind
of person who has them, or it is a choiee.
Of the innate rights in bee-judgments with the
Feini are the cases of those whom they may injure
while they are being destroyed, or removed, or taken,
or in being viewed over thy dwelling at the time of
their swarming. It is unlawful for them if they sting
anyone in passing by them on his path, who does not
do them harm or any thing illegal ; for this is the
blood which is entitled to a full meal of honey for the
man who was stung in this instance, with proof from
him that he did not kill the bee which stung him; for
if he has killed it, its crime will pass like that of
[ every other animal.
\ Whom they may injure; tfi^Sicf a wound in destroying or killing them. Or
I removed, Le. from any one vessel (Atve) to another. Or taken, Le. from
^ tops^lrecf or from precincts. In being vi ewed, L& in viewing them over his
habitation. At the time of their swarming, i.e^ at the particular tim«
yoL^ IV. ^ jc •
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r^
178 bech bjxecha.
B«»-«nn)a-boi6fcnte'Docoti5ttcoi6iioEaliiaC. Ocechca T)Oib.i.tf in'Dlige^T)Oib
pbe |»Tu> Tu> Ifi'Dfaige^ i|; t>iiI f^eocu vofi in ooncnfu ItiT^niT^ec.i. \xi
cofvba6 sti natim. Ha'oefieotcc.i.afnafibca. 0CtiiiYve6c.f.aiim>iT)9*
'oecos'p 5011)1 fiiti .1. tnialoco tia cef. CCp, if ep 6*06 .i. iiai|i if ifiDe pail*
cnle foot pifi 1)0 mil itnci. [PmU pocvinn.] po|i5aibche|i .i. poT^ a
caba|\ oii'D tn fOfisoih. t a p i fi «f . la pt^ Itii^e o naei f^ea^ [.i. lai]^e a
omitiT\] ifin CO norrv matibafcar^ fe \xk bead |io gonafcaTi e .i. pfi pola no
focfunste. fnafibcbaTv f 1*0 .1. onfhont in cad if T>ilef in iionp. a pogla,
no omoit each fvob oecancad, octtf aca ryiV in anan> omt>.
mcro^fail fio chaecha, ipr ip'Oiti * ailfo co cfiafin
po|if in tefqiai tiaile, cip^ tefcfux 'oia choch Twb ap. cec
a piach. CCi|i If rcecna bfiech tn fo cec ajiaceX)
im chinca bech pofi conaiU caech caechfice bech. bach
fit cemfiacti c(MniT)tiba|ic affa p laic. X^obetic a chin pofif
in feftboraifi bech, noch if i bfiech info bfiecha Ig tilca
octif pniu imbi . CCifi iff iftii'oiti aixcec fochaaiT)e cinaiT)
noenpifi ntfo pofitichacacap, uile, la peine; amalmajic
tx)fi|ieca|ila cona no mticca no cechfiae, no pefi gonaift
a ache fltiaig maijij nachiT) la micefi aupchtich na
popchtich f0|i nech fainT)fieT)ach, Tyip-enafi in peji
tioDaib tiile, no "Do (lochfiachaft tiile inT)ilf e.
niaT) ftiit, .1. niccd fuit caedaf fiOD. Iff if ui'oia, .1. if an aei
eor6d ifin aiTvilcnip'D f e cup. cTiainT> tx)tv na leafcfiaib tiile, .1. pofv na
oe€Efconb. Cip tef cp.a, .i. gibe teafcccfv "oib toix^ef ant). OCfx cer a
piach, .1. ctiici'D na pad, .1. ceif ifin caedot) pn na beid. CCiti if 1
cecna bjiech , .1. uaip, if 1 feo ceo bfiecct tvugoro pop. oonall T)0 caeda-
•oaiu bacb p-i cemtiach, .1. peidim no in-Dfcngim conot) a 11150 cutad
nonbint) "oo binfe. ConiiT>abatVT;, .1. goTi cuipeo he df a loitetnnaf .
T3obefvc a chin I .1. 711500 a din popf an peoiv 05 a yuiba'Dai^ beich ma
I Biiood on the $kitk — ^It is doubtful whether the word "poctunn,** which is on
the right hand margin of the page in the MS., was intended as a gloss on 'piiiU'
• Conall Caech, — For CongaVs charges against Domhnall, King of Temhair, see
Battle of Hagh Rath, published b^ the Irish Archaeological Society, Dublin.
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^
BKE-'JUDGMENTS. 179 |
i
thAt the beet send forth 'ewannf soon or quickly. It is nnlairfal for BxB*jvtMi* I
them, Le. it is nnUwfal for ihem if they attack any one in passing by them ''^"*'
on the way. They sting, Le. the profitable worker, with a weapon. Who
does not do any harm, Le. kiUiog them. Or anything illegal, Le. the
illegality of stealing as regards then, L& to strike the hives. Forthisistftdi/Sood^Le.
for this is the blood which is entitled to as much honey as is sufficient for a man,
Le. blood on the skin.' Who is stnng, Le. on whom the stin^ng is inflicted
here. W i th proof, L& with proof by oatl\ from that particular individoal, (Le.
oath by him alone), that he did not kill the bee which had stung him, Le. a test of
bloodshed or violation. For if he has killed It, Le. like eveiy animal that
is forfeited at the time of its crime, or like every vidoos beast of first crimoi which
Is itself a sufficient payment for its crim&a air. ^ml
mmmbI o/
K it be an eye that has been blinded, it is then ^oimeU
required that lots be cast upon all the hives, and on
whichever of the hives it {the lot) falls, it shall pay.
the fine.*" For this was the first judgment passed first *!'• ^tw
concerning the crime of a bee in respect of Conall i»wi a.
Caech,* whom a bee had blinded. The king of Tern-
hair came and removed him from his kingship. He
charged the man who owned the bees with the injury,
and this is the judgment which was passed by the
Ulstei-men and the Feini respecting it. For it is in
this instance, the many become accountable for the
crime of one, although they all have not attacked,
according to the Feini ; as a beef which is torn by
dogs or pigs or cattle, or a man who is wounded in
the van' of a great army, when no test or proof is • ir. ji
found against a particular person, the ^eric^-Jine in-
\ curved hy the one man is paid by them all, or they
• all are forfeited.
\ If it be an eye^ Le. if it be an eye they have blinded. It is then regmrtd^
\ J.& in that particalar case, it is required that lots be cast upon all the vessels, Le.
\ nponthehives. On whiohever of thehiTes,i.e.irhateverhfveit(<^2o<)8haU
■ • fall upon. It shall p ay the fine,^ Le. the fine shall fall on t<, Le. the hive of
\ which the bees have caused the blinding. For this was the first Judgment^
Le. for this was the first Judgment which was passed in respect of Conall whom thej
had blinded. The king of Temhair came, Le. I Insist or mamtain that he dwells
on a royal delightful hill. Bemoved him/rom hit kinffthip, Le. that he
wasdeposed from his chieftainship. He charged with the injury,Le.i;ie/&Mi^
his injuiy was charged against the man who had the bees in his possession. This
VOL. IV. If 2
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180 bech bfiecha.
BwwTDo- afifvirD. Tloct) if\ btiech, .1. |^i4itn concro 1 feo t>ivea6 fivgcrD 05
~ utconbitne, CCi|\ ifp iftiiT)ia,.i.iiaitiif an aieaoaifitii.t.'Donbfieat
ocof wwi cae£or6 cec ici|\ |H)chai'6e, .1. in ce|» mti 1 cincn'o in o«n|nti, .1.
in oon bech. 6och 01*00, .t. in fcnge no in cef. Woenpitii .1. In
beai& IK) Tiotn in caeda'o. Ma-o potvuchacacati, .1. ocof nototv puacc-
tioiseDOTv tnli -do fveiti int) ten©6aif. OCmal mafvc, .1. articnt mctfic
eiivgititi go na cononb. t^o cechT^ae, .1. co na ceoccjunb. Uo pefx
Sonaifi, .1. no in pecnfv soncafv a iichc ftacng moim im coqfionTXi no com
cabai|vc aa 'oib; no cpniT) "oileaf a matibcro icifx T^op octfj* 'otiine, lofi
neloD afic La mtcep., .1. ocuf" no£o taimcenach. OCup^X/htich, .1.
uofatceafcfilga^ Yena nach iiataib tx) YvonoD. poticbacb po|i nech
^ain'D|ve'Dac1i, .1. imDenaifia |x>ixnec 'otb go funfuroacb. T)ip.etiaT^
' •!. ic6a|i in feaiv uaitib aile on cfluos* no o na fiopoib. Hocb fvacbatv
•1* in ipccrbi*
Tit ajtitn po|i bfiichetnnaib 1 mheb bfiechaib bech
uecectica jaibce qiarm huafal netniT), nach tm ofu a
beim in cfuxinT) fo bit in'O nemiT), na ajti 'oan a ruap-
ItJcau
DligiT) fe^ 'DO 'oaecec, bef btinaDach 'ooib, qiian a
'Dcofun'O CO cenT) ceofia mbliaDan, ache if ox\X> nen^tiT)
a nitncoitnec; octif if 'oeolai'O a cfiian uic pqi mbtinaiT);
a qiian naiU vo netnti'o i ftiiT)i5chefi; a qiian naill 'oo
chi|i 'OO meloc O cha na ceopxi bliaT)na ni Dlij peji in
btinair ctiic in'oib a6c fmachra 'ooneoch, ma fiuafarac
op-sgain a cijie.
Hi Of tun An nooo nafa Uam 1 mbfieitemnaf na mbead in nl^eanap
cmi |ionic(1n^ bech cetechca .1. bei6 ceccavo aic no aiT>e 1 mban
quxinT) najxit neimi'd %^/xta no ectafa. K acb ni ayn a beim .i« noion
upi beim in qvain'o -oia bun. Po bit .1. p) TKng^ in neimiT) op a qxanT)
e. 14 a af a .1.. nocon nfn a ci]a|^t]5UT> of na mbea6.
1 Tk$ tree. Hubh renuirkB that bees kept in an apiary in the Ticinity of the
woods, when they tend forth their iwarms, have always a propensity to lodge
themselTes in a tree, which is in their vicinity, becaose it is their natural and
primitive habiUtton— 2nd edition, p. 19i.
Creveeaur thus expresses himself: —
^One of the problems most difficult to solve, is to know when the bees wHl
swann, and whether the swarm will remain in the hive provided lor them, or
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BES-JUDGBCENTS, 181
if th€ jadgment, Le. I maintain that this was the juidgment which the Ulster- fin-JUDO-
men passed concerning him. For in this instance, i.e. for it is in this par- ^^^
ticular case, i.e. concerning tlie jadgment and the blinding, it goes among the
many, Le. all the hive for the crime of the one man, i.e. of the one bee. The
many, Le. the swarm or the hive. Of the one, Le. the bee which caused tlie
blinding. They all h^ave not attacked, Le. they all did not attack Conali
according to the *Fenechns*-Iaw. As a beef, Le. as a beef which is fonnd with
thehonnds. Or cattle, Le. with the cattle. Or a man who is wounded,
Le. or the man who is wounded at the van of a great host, as regards casting lots, until
it is determined which of them; oritiBlawfultokillthem,whethervicionsbeastormanf
after eluding Justice. When no ie$t or proof Ib fpund^Lcandwhen there
is no proof positive. Test, Le. noble testimony denying that it was by them it
was done. Or proof against a particular person, Le. a proof against
one of them in particular. Is p a id , Le. the cnme o/tke one is paidybr by them
all, t.e. by the host, or by the yidous beasts. Or they are all forfeited,
L& the swarm it forfeited for the crime ifoiM bee.
It is not easier for Brehons in bee-judgments to
decide concerning bees that have taken up their
lodging in the tree* of a noble dignitary, with respect
to which it is not easy to cut the tree on account of
the ' nemedh/ nor is it easy to release them.
The man who has watched them, who is their
original owner, is entitled to one-third of their pro-
duce to the end of three years, but they are to be
minded by the ' nemedh ^-person ; and the third
which reaches the original owner is a^ a gratuity; the
other third is due to the ' nemedh '-person in whose
tree* they fix themselves ; the other third is due to • jr. wuk
the land on which they feed. From the three years'
out the original owner is not entitled to any share in
them except ' smacht '-fines, if they should come to
trespass on his land.
1 1 is not easier, Le. I do not consider this easier in the Judgments of th«
bees than whatwe hare mentioned before.^ Bees that hare taken up. La ^ Ir. Ths
bees wliich hare taken possession of a place or lodpng in the tree of a noble <Ai^6{for«
•nemedh,' of a chie^ or of a church. It is not easy to eat the tree^
Le. it is not easy to cut the tree at its base. On account, i.e. on account of
the ^nemedh* whose tree it ik Nor is it easy, Le. it is not ea^ to release th«
bees thereftrom.
escape to establish themsehres in the carity of some tree ; for when, by means of
their emissaries, they hare chosen themselyes a retreat, it is not possible to retain .
them in any hire which you may select for them**— f6., p. 194*
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^
182 '.bechbi^echa
BnwTOo- •DtigiTj pe|v ,1. T>tist'6 fn f?e<qi bif tna coiifiroeoftcocof bet ind
^^^ comcncedc bep bnna'Dacli o. 'ooneo^ i|» ea|v btinon'o T)oib. Tt^ian o
T>i:ofvai'D .1. cfiion a copxn'6 co ceanT> ceofva mblia'Dan TW|i «a tnbead.
CCchc i|* OUT} nemti'D .i. adcaiptn if" o neirfier), o ftfi m c[icanT}, a nim-
ooimeT> twf in tie pn. If •oeotaiT) .i. i|» t>eot(R>caitie in qfiiccn cic wfi
banaiT>; ipeciiroln'Deolon'Dynticiin eigen'DoacoifneD. OC ct^ian nailt
.1. a i^ian eil© t>o neiitier) i pn-oigtitt no fcmnotiscniv icro .i. t^eoji int>
feofvoanT). CC ctiian nai tt .i. ocup ni he m two \f bei6 t»<ifa ^ mbon
CfunnT) najMt neimit), ce aitimicbeti pf^i citi» ni p bejfief ate ifi nemeoni.
Hi T)lt5 peti -I* no6o t>lisen'D p©!^ biinai'6 ctn'o t)ib .i. peoyi na meat
€Ccc fmacbca.i. nafaice,noc<nnct]ifc. 'Ooneoch matvuafafac
•t. ml fin moDia tu) In-Dfaigea pa-o ^)otisoii3 « peatwant), ma beac beach
aoafom ^>otv5ain in uitie ele.
bei6 eofa i mbitti qiaiTi'D napat tiefmi'6» t>a qiian vpfi qunnti
ontiy octif Cfxiocn T>ifv tia tnbeac 511 ceonT) Cfxi mbliotcmi ocaf if
t>ilet^ vtfi in qioinT) iocd o ta tpiti ama6.
bei6 ctinrabaficada 1 mtm qxainT) iiafal tieimiT), zeofia ceac-
txomti 15 fif, fn qfiafnT), ocuf cecttfiaThce 05 fif, na meafija ceon-o
qfw inbliot6an, octjf if Dilef vi\i in qftofn-D icro o ta fin imat
bei6 eafa a mbatifi qiofnx) uafail neirhit, rf^ion ^fi in qiafm)|
ocaf -oa qxion vpfi na wheat gti ceont) mbliatno, ocaf if twlef
'Dfitv na mbead o ta fin amat iod.
Oei6 canuabatirada 1 mbatiti qfiotnT) aafal nefmi'D, teau DfiTt
in 6tiafnT>, ocaf leac 'Ofif, na mbead 5a ceanT) mbliatna, ocaf if
T)itef vp\i na mbeac xav o ta fin ama^; no, gatno^ "Ofit^ fn cfiafnT).
1 Known hee$. That is, beefi which irere watched when iwaiming, and identified
in the tree of a dignitary*.
' > 7b trupau. Huuh mentioDa caaes of aerions injniyinflieted on anhnaUhybees,
when awarmiDg, or being'robbed.
'* A man who did not perceive that he was in the yicinity of a hive on the
point of awarming, tied hia aas to a post; the hive swarmed, and fixed itaelf on
the mnule of the oaa; the patience of the animal could not brook the atrangera^
and it began to rub its muzzle on the ground. The indignation of the
■warm waa roused, and the animal was so stung that it died in three days'*—
p.l«2.
The Abbtf dell* Hocca, relates a curious anecdote.
** A person, not very skilful in the management of bees, was appointed to deprive
a hive of part oi its honey, and in the operation lie wounded the Queen bee.
She immediately issued a most plaintive cry, and the bees attacked instanta-
neonsly all the spectators and the animals in the vicinity. A horse of the
archbishop*! was by chance tied to a tree contiguous to the apiary, and it waa
attached with so much fury, that it broke the reins, and took refuge in a conatiy
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BSB-JUDQMXNTS. 183
The maji, &Cy is entitled^ Le. the man who aocempanied them m th»r BsiB-JinH»»
^yA< and overtook them is entitled. Who is their original owner, ie. who '""^
, is their original possessor. One third of their produce, Le. the third of
their produce to the end of tliree years hdongt to the owner of the bees. B n t b 7
the ^nemedh,' i.e. I make a condition that it is by the *nemedb,' by the owner ol
thetree^ they are to be minded during this period. It is a gratuity, Le. the
third part which comes to the original proprietor is cansidertd a gratuity; the
force of the toord < gratuity * is, that he is not obliged to mind them. The other
third, Le. the other third if due to the < nemedh '-person with whom they fix or
settle themselves, Le. the owner of the land. The other third, Le. and it is not
while they are known bees^ in the trunk of the tree of a noble * nemedh '-person;
although they are accounted for the land, it is not it that gets thi$ third pari but it is
the*nemedh*-person. The original owner, &c.,Le. the original owner is not
entitled to any share in them, Le. the owner of the bees. Except 'smaehtV
fines, Le. the swarms, or 'cain cuisc.' If they should come, Le. this is
so if they should come to trespass on lus land,' if they have bees to trespass on' the
other land.*
. As to known beei^ in the trunk of the tree of a noble ^namedh'
two-thirds 0/ their produce are due to the owner of the tree, and .
one-third to the owner of the bees to the end of three yearSy and
they {the beee)^ axe the property of the owner of the tree^ from
that out. '
-As to doubtful bees in the trunk of the tree of a noble 'nemedh/
thiee-qoarters of their produce are due to the owner of the tree,
and one-fourth to the douitfid owner of the bees to the end of three
years, and they belong to the owner of the tree from that out.
As to known bees in the top of the tree of a noble 'nemedh/ . .
one-third 0/ the produce is due to the owner of the tree, and two- .
thirds to the owner of the bees to the end of a year, and they
belong exdusivdy to the original owner of the bees £rom that out.
As to doubtful bees in the top of the tree of a noble 'nemedh,'
one-half their produce is due to the owner of the tree, and one-half
to the owner of the bees to the end of a year, and they belong to
i the owner of the bees from that out; or according to others, it is to
the owner of the tree the^ beUmg.
• house, but the bees pursued it with so much acrimony, that it mounted the stain
,' of the first story, and burst into a room full el company, to whom it was no doubt
\ an unwelcome visitor'*.*p. 191.
I • Known heei. This commentary Is found en the lower margin of the M&, p^ .
^ . 23, and that which follows, on the top margin of same page.
'. * Owner of the trte^ Huish says that in Poland the inhabitants have no regular
\ bee-hives; and he adds, '* Every peasant who is desirous of rearing bees, goes into
the forest or district belonging to his master, without e?en his leave, makes si
I Ipngitudhial hoUow iHperture or apertures in the trunk of a tree, or in the coUateral
[ branches, about three feet long, one foot broad, and about a foot deep, into which h#
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184 bech bfiecha.
BoMTOo- 5ei6 eafai tnbtiti Cfiafn'o ijpil nemit, leccft Dpri fn qiamt), ocuf
teat 'Dpift fia mbead 511 ceonT) qxi mblioroany ocuf if ©ilef "opp,
in qiainT) loro o ua fin imad.
bei6 ctinrabafvca6a 1 mbtin qvonnT) ifil neifni'6, ocuf lectft ocaf
occfhord 15 pifv In qiainx), ocuf lead genmoto occmcro 15 pfi na
n)bea6 5a ceonT) qfw mbliccbon, ocaf if x)itef TMfV in qvainT) o td
fin ocmocd.
pefi o nelac bei6 imon^ if wp. cic feo. In ucm (xcbem cin bech
cin con, an cecbfia, 101*0010 in chTianT>cbaip, fin nomai ocuf nogtt
nifnxKxta dom^noro vo beich 'ooib fo chtiqiumma.
Wt afa afiaile bech ceccaechca ^aibre bafifx iiefMeT),
no matjin, no bfuxc fcaprha ; ap. cam Dimec in'D nemiT)
ni 7)0 'oatiixec, ache .tiii. neltiT)ai5 7)0 chuipn la peine,
na pim nenie'D T)e na 'Otiine ; ,bech 'oo coiflec, ocuf
caiT) cu foin'Oil, octif eoloT)ai5 pne, fep. aifim '0011x5,
ben aflui a cam lanamna, ocuf ben no pefi aflui gaiiii
a machap, no achafi, mje maT) ne6 na 'oama coi^i lafi
feca cai'oe ; av ep'oe m T)ini nemet) 'oe na 'otime in
neoch ma fx)Faccbac 'Otiine otp^ngne 'Dief ppi mbi coiji
DO anuich.
beich cecechca jaibce bafvp, nemit), no maism, no
deports his beefl, leaves them some food, bat pays yerj little further attention to
them, until late in the autnmn. When after catting oat some of their honey, and
learing the remainder for their maintenance, he secores the apertare properly
with clay and straw against the frost and inclemency of the approaching season.
These tenements, if they may be so called, with their inhabitants, and the prodaee
of their laboar, then become his indisputable property: he may sell or transfer
them; in short, he may do whatever he pleases with them ; and never is it heard
that any depredation is committed on them, except by the bewTt— VidL not^, pt
I70t supra.
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BEE-JUDQMEKTS. 185
A$ to known bees in the trunk of the tree of an humble ' nemedh*' Bbs-judo*
person one-half their produce is dtie to the owner of the tree, and "*"**'
one-half to the owner of the bees to the end of three years, and they
belong to the owner of the tree from that out.
A$ to doubtful bees in the trunk of the tree of an humble
' nemedh '-person, one-half their produce and one-eighth go to the
owner of the tree, and one-half, except one-eighth to the owner
of the bees to the end of three years, and they are the property
of the owner of the tree from that out.
To the man from whom bees have escaped abroad this properly
applies. When it ((/le law) says '' the crime of bees, the crime of
hounds, the crime of cattle," this has reference to the casting of
lots only, and not to the co-balancing of crimes between them in
equal proportion.
It is not easier in this other case to decide con-
cerning bees that have taken up their lodging in the
top of the tree of a ' nemedh'-person, or in the field, or
on the spread sheet ; for the ' nemedh'-person well
protects what comes to him, except seven fugitives,
mentioned by the Feini, which the ' nemedh ' of Grod*
or man* does not protect : bees that have migrated,
and a wandering thief, and a fugitive from the tribe,
a man who has stained his weapon with blood,* 'Xr-^nm
a woman who has fled from her matrimonial contract, ^ompmu
and a woman or man who has fled from maintaining
his mother or his father, unless he {the father) is a
man who has not ceded justice after he has stolen
goods ;'* for with respect to this no ' nemedh '-person of b ^ j/jer
God or man protects the man who has left plunder ^^*^
behind him which should have been returned.
As to bees that have taken up their lodging in the
top of the tree of a ' nemedh '-person, or in a field,
> 'AmmcA V^ i«- the eccMattijMl dignHary.
I OJ flUM, Le; UiA 1*7 chieftain.
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186 bechbfvecha.
"^^SS^ bpxxc fcaprtia, ailiT) nefneD cftian co|i(rD co cenT) tnbli-
— ! oronaj in va qiian aile 'oo pip, 'oo'oaecei: beff btinai'oach
•Dotb, ache If 0 faiDiti a nimcomec, aji if DeolaiX) a qiictn
ace an tiemeD.
U 1 af « .1. no cointi|ni a|\ocite, ^e eiU, no ni liufa in n1 reo. t^e ccae-
chca .1. t)6i£ ceadcam a\z no cn'oot na in n1 fvomonn'o. Dafifi neni6^>
•1. cfunn'D vofoit neimi'D. Mo mai^in .i. ayi na ntmsib aniiii& Uo
bfiat/ pcatvrha .i. no btiac "oo fgaile^ op. a anT), octip paip, cai|iif«;
"Oimec .1. aifnei'D teoc co nT»ivnenT> in nemet) in ni no caige fofi a
oomofigo. OCchc .mi. .i. na .mi- nei6i eloi^ axity, w> conn inT)eafano
in'Dipn mj} teinec1iai|N b e oh 5>o coi f le c .i. poxtan> amad -i. cochof-
Unc HOD. t^ai'D cti voin'oil .i. in gaTHxi^e .i. fn a bif pop paineliiT>
gin in'oile, omoil coin, ap Tsat ina!o i ninai>. 6olo5>ai5 .i. in ci elof
00 ninnte o ■oligoT) cotiij|*a pini. p efi a i tim 'o ei tV5 .i. ^eati -Deaiisap a
etai^>eTh ipn qiii latip an mofibcrD '007150. ben aplm .1. in bean elof
a iiiagait in lanamnaif. ben .i. ingen. Pofv .i. mac TTlaisliaii
.1. 'oon mnaei- II0 acbai^.i. "oonlfi.
THa ta i;eacci]sai6 ap, a ctafur6 no afi taetat na caeltei
ocup'nodon nil pop, ioc beacaib, ip beic eapa 1 mbiin 6ftafnT> ifit
nefnii-b -do fiio^ail pfu. TTla ca readcu^u'd pop a beadaib octip
nocon ml op a clapot no pop a caelac, if bei6 cnnrabaprada f
mbapp cpafnT) ipil nefTni'6 va pio^ail pii.
Ipecro if ban ant), 506 tiaip nac pecap a necxcopf^apotd gen
teoTDpcrb in qiafn-o. IpeaD ip bapp an-o, 506 naip, pa pei:ap a
necapp^apxrt gen loDpcrd fn qfvainT).
CompamT) cpi mblia-oon pop, b[eacaib] bona 'oi^gpep, octif
compafnT) blia:6na pop. beacaib baipp. Ceorpaimte a ioT>a
bepep ctm^abotp^c o pip, bead 'oogpep , 51-6 i mban 51-0 i mbap^fi
gabai-D.
^aibce bapp .1. sabatc 1 mbopp qioInT) uopat neimi'o. OCitiT>
n em 0*0 .1. aipilcmp'o in nelmoD, peap tn qfioint), q[iian a topai'd go
ceanT) mblia'ona ; co cenT) reoruc mbtia'oan cacb copo^ imacb in con ip
bun s<tban; ; 00 cwmf> ceopa mbtia'oan cacti cofiaD amnich ocop ip <oo
> Bs ftjUin^.-^A word In tlie gloss litie to tUegible.
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BBE-JUDQHBOTS. 187
or on a spread sheet, the 'nemedh'-person is entitled to b«e-jubo
the third part of the produce to the end of a year, —
the other two thirds are due to the man who caught
tiiem and who is their original proprietor, but they
are to be minded by him, for the one-third given to
the 'nemedh '-peraon is a gratuity.
It is not easier, Le. thu other case is not easier ; anoUieryersion, or this thing
18 not easier. Their lodging, Le. bees that have taken possession of a place
or habitation ; this is not easier than the case before tis. Top of the free of a
'nemedh'-person, Le.ofthetreeofanoble'nemedh'-peraon. Or in the field,
i.e. in the fields abroad. Or the spread sheet, ie. or a sheet which was spread
out* before them, and on which thsy rest Protects,Le.beit told by thee that the * Ir.
* nemedh '-person protects the thing which comes to him under his protection. £ x- ^oomnM.
cep t seven, Le. the seven things wliich abscond, aiul which the <Finechns*-1aw
mentions or recites. Bees that ha ve migrated, Le.thathave fled awajjLe.
that have gone away from him. A w andering thief, Le. the stealer, Le. the
person who is wandering without cattle, like a stra^ hound, from one place to
another. A fugitive from the tribe, Le. the person who absconds with
cattle from the law of 'Corns-fine.' A man of a red weapon, Le. a man
who reddens his sword in the teiritory by killing.^' A woman who has fled,^Ir. After
Le. a woman who runs away from the rule of matrimony. A woman, Le. a ^S^
daughter. Man, Le., a son. Mother, Le. of the woman. Or father, Le. ^^
of the I
If his tronktt or brandies of the wood have been appropriated,
and his bees have not, they are regulated by the case of ** known
bees' in the trunk of a tree of an humble ' nemedh'-person."
If his bees have been appropriated, and his trunks or branches
have not^ they are regulated by the case of ^ doubtful bees in the
top of the tree of an humble ' nemedh '-person."
''Trunk'' means, whenever they cannot be separated without
tearing the tree. ** Top " means^ whenever they can be separated
without tearing the tree.
A division for three years is always made of ''trunk'' bees,
and a division for one year of "top" bees. Doubt always
deprives the possessor of the bees of one-fourth of his. (^lare,
whether they take up tfieir position in the trunk or in the top.
Bees that have taken up their lodging in the top, Le. they take
a position in the top of the tree of a noble* nemedh -person. The 'nemedh'-person
{;: i s en ti tl ed, Le. the * nemedh'-person, the owner of the tree, is entitled to one-third of
the produce to the end of a yesr ; when th^ take up in the trunk, he shallhave the
third of each produce till theend of three years; to the end of three yean each product
• " Aoten (ses*"— See p^ 108| ssft%k
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188 bech bfiech(r.
Bbb-jvim boiiTvxib. Da cfiian aite .1. In na cfiiom eile wm ^p. bif ina
"■"*■ coiitii-oeadc bef f bunai'D .1. 'oa neod if pecci^ bttncDT) 'ooib. CCchc
If o f ui-Diti .1. a6cai5irn o noi e(y6a ifin a nemcoimeo t^if in jve fin
.1. 0 pip, bonai'o. CCti if 'oeolai'o .1. naip if a neolorooontve In cfiuxn
zic rxm hicro .1. t>i|i in cpainT); if e citit) In 'oeoloo^, no6on eigwi vo
co\th&o»
*0e ftnllemaib geall.
Ofiecha baififi ocuf maisne 'Di neoch vo ece^aii, ache
aifi'D'onemeD ; aiLeT) fon cechp,amchain a co|iaiT) co
cenT) tnblicrDna, neoch mam fio oifcec cfiich, aitiVDlisiT)
cac ct|i auqpoD 'Oineoch ftn'Oigchifi pfiif.
bpecha .1. bpeitemnaf fo w) befiop icip bopp in ipt neimi^ ocuf
moigne in ^pl neimi'6, ocuf |>eap btinai'D na mbec. baipT^ .i..iM>Ti
bctpponb qfianT) na nifet .1. na ngporo Peine. TH ai sn e .1. tx>p na mtiisib
imtiig. "Di neoch .1. "dI neod aceoseap TMng -oib 50 cath .1. t)0 neoch
tnb 'Dochum a ninaicat^hep. a na^cain. 6ce^a|\ .i> t>o in^tiiccher.
CCch c ai Ti-D-on em et) .1. adc in neime^ ajvo, nocon eifeig a t>eiTkini. Ife
cam in-o adca cnro, uaip in ceotpaimce biaf •001b fi'oe .1. in cifil.
.1. ini "DO betiap 'oon uafat neimfo ap gabait a mbapt^ a cponnT) ifeD
on TH) bepap t)o na 5paDaib aca if li ap gabait a mbtin cpoinn. 1feT» on
If -oon -DO Tnaigin in*D ifil, moD bei6 cnncabapuacha, .1. T>a cpian xxm fi|i
omtiiSi •DOig If maigen ifit if in pann if nefam ceic
heit eafa 1 tnba|ip, cixafriT) ifit neimi*, ceaftfiafmue 15 ftp, iti
qiainx), ocuf i;eofia ceocp^aimte 15 ftp, tia mbead -ga ceanT) tnbli-
cr6fia, octif if -Dilef wii na mbeac too o ta fin onna^.
bei6 ctincabap,Txx6a t mbafip, qiafn-o tiafal neimi-b, leau gein-
mota in feife-d pxHi-o "oec 15 fip, fn cp-ainx), octif leac ocuf feife6
fVcmT) -Deg 15 fip» na mbead 511 ceonx) mblio^na, ociif if -oilef -ofp,
na mbeach iod o ra fein imac ; no, gtiniaT) 05 fi|i fn cpxnnT).
^ 0/ihe inereate ofpUdgtt, This heading 10 more modem thaa the mt of
the tract, and by a late hand apparently.
* Art $6en to come. The second gloss is by another scribe^ and so are sereral
more in the tract.
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BEE-JUDGMENTS. 189
abroad, when it is in the tops <A«yMftZ0^ The other two-thirds i.e« the other Bkb-jvdg-
two-thirds^o to the man who has accompanied them. Original proprietor, i^ msin.
the person who is thdr original owner. But they are to be minded by him, ** '^
Le. I malce a condition that it is by this man they are to be minded during thi
period, Le. by the original proprietor. For it is a gratuity, Le. it is as a
gratuity the third which becomes *<fits to the place is considered, i.e, to the owner
OtWN.':'' the meaning of ^gratuity' is, that he is not obligel to mind them.
Jf the Increases of {interest on) Pledges.
In judgments concerning' free-top and field to • ir. (y
which they (bees) migrate, except in case of a high
•nemedh '-person; they {the owners) are entitled to
the fourth of theirproduce to the end of a year, unless
they migrate from the territory, for every land in
which they settled is entitled to a share.
Judgments, Le. tliis is a judgment which is passed between the top o^t^elrss of
an humble * nemedh '-person, and the field of an humble * nemedh '-person onihe<me
9id€f and the owner of the bees on the other. Of top, Le. on the tops of the trees
of the humble ' nemedh ^-persom, Le. of the Feini grades. 0 f fiel d, Le. on the fields
abroad. To which thejf mitfrate, Le. to which a swarm of them migrates
quickly, Le. to whichever of them they are seen to come.' M i grate, Le. to which
they remove. Ezeept of a high *nemedh*-person, Le. except the high
* nemedh '-person, it is not he that I mention. The force of the * except * here is,
because it is the fourth part these get, Le. the humble ^nemedh '-person, i.e. what is
given to the noble * nemedh '-person for bee§ taking up bi the top of his tree is the
same that is given to the grades that are lower for their taking up in the trunk of ^
A tree of theirs. This also applies to the field of the hntable ^nemedh '-person^ if they
are doubtful bees, Le. two-thirds go to the man outside (the clatmanf), because it
is the field of an humble ' nemedh '-penon it passes to the next division.
As to known bees in the top of tlie tree of an bumble 'nemedh '-
person, the fourth part of their produce belongs to the owner of the
tree, and three-fourths to the original owner of the bees to the end
of a jeaXf and they are the property of the owner of the bees from
that out. . -
As to doubtful bees*m the top of the tree of anoble'nemedh'-person,
one-h^iqf their produce less by one-sixteenth belongs to the ownerof
the tree, and one-half and one-sixteenth to the owner of the bees to
the end of a year, and they are the property of the owner of the bees
from that out; or, according to others, they belong to the owner of
the tree.
' J>o^\fiC beest le. apes <iiioniia de proprietate non aatis eonttat
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190 bech bjiecha.
BxB^UDCk Cecfifiamchain .1. initnT> feo ocup beid p«fa 1 mtNCfitv cfunnti ipt
" neimi'D. fleocfi mam tio otfcec .1. innt ipn, tnonl tvo in-oiHiiBa pcro
1 qvic eile, no "do cum a qiide InrDein ; atz a mbet ipn cfiontH af in qunra,
If emn oca fin. TTl am |io oif cec .1. mana elac of o citi fim giw a
cofifia^cam onn ; ma nelac, ni -0115 fim ni. CCi p, •d'd ti 51 ^> .1. noiti xAA^n
gad peaTvanT} wb fin ait)i foaiT) no -oo neod fami^^cefi no fomaiscefi
lUeat ivif , .1. inonn fo ocuf bei6 pefa a mba|i|i cfunnT) ipt net ^^^
^ • • ' W'
pejx mecec fcnche na bi laip co Fititicccha|i maipn in
fdi'Degecafi, qiiati T)i chtfipfiif a faiT)i5echap, qiian vo
ptfi T)o T)aecec, cfiian T)o. lefoifi o or eloc bep butia'oacK
•Doib.
pefi 0 a neloc bech fiochtatnechaii pqi^U mococ
in fanshe hi afi a chele in mbtnchib cofi a fxciuhe.
ConpoDloc emfifiti in 'oe in faiche fen each coficro co
cenn zeofut mblia'oan, ache ip in ajie infaiT)i5cheii op
coi|i btmoD a ruifcen.
pefi mecec .1. peafi meiccef no oomoiccYief faiie na bi leif tni'6eln.
Co pinnac1ia|i maigin .1. go pini\an fein ana« 1 faiT>i5enT> ficro.
T/|iian -01 chi|i .1. bei6 feafa 1 mbat\|i qunnti tiafal neimi'D pn,
octtf cfiion tK> {nil in q[iainT>, ocuf tmz ctiion t>o {nfi na mbeac, ocvf leai
a dooacti o ^fi na mbeac ofv cobach of in ceotfunncro qfiich nimT>eiYi5
gen gabail mafva; octif .51T) leacb e if Cfxian, ocuf gi-o cfiian if teat.
t>t^ian "DO vifi "DO 'oaecec .1. cfiian "oon piyv bif ma coimicecc, ociif ni
lie in fa6, cc6c of^ a coba6 .1. hoot coca pifx bunoi'D 'oo afi a lenmain,
13|iian f>o tefcuji .1. cfvicm no na leafcixoib 0 nelan fiao. bef
bnna'DacYi -i. «Dtneocb if peafi btmaiT) 'ooib.
Pei\ 0 a netac^bech .1. fei61m no In-ofaiglm cona'o la1rhi&fna£ leif
^poit\Solt imT>enfha cona'6 leif In foiti t^a inaiccefcop 1 peorian'o nei6
eile. In mbmcbib .1. in'obai'6 "oo cuifvefcaTX a bei6 pvm in foiteap
anT) |vitin foite amuid. ConpcDlac .1. fxxoailec eoctit^a an '60 fn
foiti fin, in nemeoD ocuf -peop. in btmai-o, uoip if ctiincabaiTvc. Cacti
cofva'D .1. a coixa'D 511 ceanT) cfu mblia'Don.
1 Knewn (eef, Le. identified bees.
•Jtit one-Aalfi If the owner of the bees is entitled to half their prodnee when
they fled away, the leryor is entitled to one-third of that half rn but if the owner
is only entitled to one-thiid, the levTor gets one-half of that thhtl.
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B£fi-JUDOM£NTS. 191
The fourth, Le. this b the eame u known bees In the top of the tree of an Bkb-judo-
hamble'nemedh^-peTSon. Unless they migrate, Le. thisisthe ca8e,nnlc88
thej passed into another territory, or into their own territory; when they were
in a tree, ont of a tree^ it is then this is the case. Unless they migrate, le.
unless they escape oat of his (the *^fuiMd*'pertoiCi) territory without being over-
taken ; if they to escape, he (the nemedh-penonyvi entitled to nothing. Is en ti tied ,
Le. for every land of those in which they fix themselves is entitled to whatever has
been ordained or settled respecting it, Le. this is the same as Ms eon of "known
bees in the top of the tree of an humble ' nemedh '-person."
As to 2i» man who watches a swarm which is not
his own, until he discovers the place where they
settle, one-third of the produce is due to the land in
which they settle, one-third to the man who has
watched them, and one-third to the hive from which
they have fled, and which is their original* one.
A man from whom bees escape can offer proof
that he observed the swarm in the land of his
neighbour at the time of the departure of his own
swarm. They divide that swarm in two between
them as to eyery produce, until the end of three
years, but the right to their young offspring belongs
to the land in which they settle.
A man who watches, Le. a man who has observed or watched a swam
which b not his own. ^ntil he discovers the place, i.e. until he learns
the spot in which they settle. One-third to the land, Le. these are known
beesi in the top of the tree of a noble * nemedh '-person, and one-third is due to
the owner of the tree, and two-thirds to the owner of the bees, and one-half of
his share i$ tdken from the owner of the bees for levying in the fourth unfriendly
territory, without an arm of the sea tnterwRtfi^; and though it be one-half CAofis tfu« to
the citmer qfthe bees, it is one-third, and though one-third, it is one-half.* O n e-t h ir d
r to the man who has watched them, Le. one-third to the man who has
accompanied them, and this is not the cause, bat he geU it for levying. It, half
\ the share of the (viginal owner is due to him for following them. One-third
f to the hive, Le.. one-third to the hives from which they escape. Which la
I their original one, Le. which belongs to their original owner.
!' A man from whom bees escape, Le. I maintain or insist that he can
I offer evidence of proof that the swarm is his, which ho watched into the land of
i another person. At the tim e , Le. it was at the time when his bees were sending .
forth their swarm that the other awann ran away. They divide, Le. the
I * nemedh ^-person, and the original owner divide that swarm between them Into
\ two parts, because there is a doubt Every produce, le. Its produce to the
I end of three yean^
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192 bech bjiecho.
BKa-jTOfl- CCctic If in citie .i. adccci^lm, i|* oc pl^ mn feflcrunn'o i foi'^iscefi no
fomaigcetv icro if coifi in ctii|Ti pn T>a boi* ; a bono* peoti In qfiaint*.
•1. Wo taimerhefi |icr6 co TiT)ectiaroq[\ a beicti ifin rtfi, ocuf ni
tocimechafi fOfigeU a|i tmcif na beich fio daoroafi ticro foinfieTft ;
If ai|ie If tear tpn, octif if a mbtin mbafifi ipl neimi'D, no fa
mbccp^fi uafal neifniT), leoc "oo •oat^ ific beich chunuabafica; if in
fvaifin. If nefam do vo ^lait la ctm-orabaifii;.
TUccd aifim 1 tnbi immeT) tnbech nochap. jititLa faiche
cacha lefcaifi, nach laimecha|i tiech ttii gu be^ laip
mocac faiche 'Doeic hi chip, comaichich bef comoccuf
'Doib tiile, conp'olac euupftti uiLe lecho[iuT) in'caichi
fen CO cenn ceoixa mblioDan, a lechofuto naiU hi cifi
1 fai'Digchefi, in na taimchep. foixsall na aijichiuch biT)
iiech mcainfiu'oach.
TTIo'D aifim .i. imro beicli Im'ocC' Wochaii fiiilla .i. feidlm no
1nT)faigJm gtiti ela fcnte afa gac leafcafi -oib.
.n Leafcaif, tla|i-6a vo boDap. fmuig anx) fin, octif |io elo
fccite af "sot leafcaji -oib, octif f|iit faite -oib i feap.onT) m
comics If cothac|iaib -ooib, octif noco neaf coich "oib he, octif
beich eafa i mbtin cfiainD ifil neimi'D iox), if leach T>ifi cfiaint),
ocuf a leoc T)oibfitim title, octif coni|iain'0€c e fo comat|iT)e.
Lm gij bet> .1. a luiji Boncro leif In fai*i tw> cnccofcorti a peafuinT>
In ooifhici$ If oomogof 'ooib mle. Coni:oT>lac .i. if caetn txyoaitmna
oomonchi5 crctiixT^u pile leat cofva'D in foite gu cean'o cfxi mblicroan.
Lechofviix) .1. leat cofvaiS eile. tit ci|\ i f ofoigcheti .i. if tvepeatx
int) featioinT) i fuiT>i5cefi no famaischeti he, o. tK> baT^Ti nemiT) ttofcnl,
ticn|x If cancabaific; octif fvoinn a|\ -do a tofvorD ecufvriti co cenn cfii
mbliccoom, ocuf a mbtieit t)HX qrvam'o o ta fin antach. Inna laimchefi
.1. no6o lalmtHiac leo poip.s®ll im-Dentfia na uafal ceafcuKU'o fena conm
fie nea6 <i>ib e ^ funTiti'Da^ poT^still .i. o na comichib. W a ai|\-
chmch .1. ot^Tibaifiiv .
1 ^ doubt, — ^If the man who daimed the bees could prove that they were hit,
he would be entitled to one-hall their produce; but when he could only ahow a
probable reason that they were his bees, he is only entitled to one-third of their
produce; Le. he goes from half to the next division, i.e. one-third in consequence
of the doubt
* Known hu$$ i.e. it is known to what apiaiy they belong, although the
particnlar hiree from which they migrated have not been identified.
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BBK-JUDOMBNTS, 193
But it is in the land, Le. I make an exception, that it is the owner of the Beb-Judo-
land in which they settle, or are arranged, it is right that these swarms should xsms.
belong; the original (stock) beh»g$ to the owner of the tree. *"~
That is, he dares to saj that his bees went into the land^ but
he dares not to offer evidence as to these being the particular bees
which escaped from him; this is the reason that it is one-half
(tJiat 18 due to htm), and it is in the trunk of the tree of an humble
* nemedh '-person, or in the top of the tree of a noble *nemedh'-
person, that one-half is due to him because they are doubtful bees.
He goes to the next division to it by reason of the doubt.*
If it be in a place where many bee-hives' are Ajept, ' ^ *^
that a swarm has flown from each hive, and he {the
claimant) dares not swear that the swarm is his which
he found in the land of the neighbour who is nearest
to them all, they {the neighbours) all divide between
them half the produce of that swarm to the end of
three years, the other half of the produce is due to
the land in which it {the swarm) settles, in respect of
which one dares not to give evidence or test that it
belongs to any one in particular.
I f i t be tn A place, Le. where many hive» <^ bees (a largt opiory) are Isgrf.
That a %va<irm has flown, Le. I maintain or insist that a swarm has flown
from each hive of them.
That is, there were many hives abroad then, and a swarm
escaped from each hive of them, and a swarm of them was found
in the land of the neighbour who is nearest to them, and he does
not know to which of. them it belongs, and they are known bees* in
the trunk of the tree of an humble ' nemed'-person, one-half is due
to the owner of the tree, and the other to all ihe others, who -
divide it in equal propoitions.
Swear that it is Ail, Le. to swear that the swarm is that which he watched
and troc^ into the land of the neighbour who is equally near to them alL They
all divide^ Le. the neighbours fairly divide between them all the produce of
the swarm to the end of three years. The half produce, Le. the other
half of the produce. The land in which it settles, Le. it belongs to the
owner of the land in which it is fixed or settled, Le; in the top of the tree of a
noble *nemedh*-penon, for it is a com q/* doubt ; and the produce b divided in
two between them to the end of three years, and the owner of the tree shall
have them (^Ae 5ees) from that forth. In which one dares not, Le. they do
not presume to proffer evidence of proof or noble testimony of denial that it
(t&e tmcarm) belongs to one of them in particular. Evidence, Le. from the
netghbours.^ Or test, Le. from the owner of the top o/'fAe tree. ^ Ir. Co-
VOIfclV, 0
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t
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194 becti bjiectia. \
P'J^^- Pefi pngaib pfiich tnbech hi paichchi cecticai. IfP
in txxichci cechca la |?eine m fw) faig jach cltiicc no
^aifim cailij cejicc CCiti'o cechfiamcham a chofuxi'O !
CO cenn mbliaT)na T)o pifi pcojaib, na ceojia cechfiamcain
aile '00 piichci hi pogbairheix.
Patch 61 cechca, .i.iti'd oitieD fvo Iti'Dfoigef pit In cttfi^tK) ecilaif .1.
pmte pixice na mbe& Saifiin caitig .1. -oo bYim^aiT) ociif ple6.
OCitiT> .1. aiTXilcnisfo fe oeaftYunntte a tofioi'D 511 ceocn'D inblia'Dna "doq
\j[i 'DO geib he .1. monne mo na CfvebaiTM blicrona ml octii if ceoctfioimte
5>iTi tiiti, ocaf mofa mo, if let. Do paich6i .1. ^>o fi|\ na paic6i 1.
fwqgatMcix he.
T411 bfitnge 1115, jvoc, ocuf •Di|iaiiin, octif muipr. T^fttcm vo vo
nech vo ctii|iiT:he|x mtufi, octif noma^ vo a cmz fiiche a cele
'DOfieoch fojaib a nwiiaiTm. "Oileaf -do 'oati "oo tieac po^abafi
fOf\ fvor, a6c ctnc fjftiche t)o nech pogaib, man feafcafi peafi
bnnaiT).
peafi pongaib qiann mbech hi piichchi cechcai ;
moD lafitnoca blioDam, lech 'oo pfi pormjaib, lech
naiU 'DO paichchi hi pojabap^
pefi pojaib pfiich mbech in neoch mcTD fechcafi
faichchi CO fiuicce \mr> map, no ecmachc, no 'oifiamn,
tfiian '00 pfi poDngaib, 'oa qiian 'Oo citi hi pg-
baicefu
pefi ^xjTJgaib flxich mbech hi fiuT), no 'Ofifiamn, no
ecmachc; if 'Oilef 'DofUi'Diti, afi if oen fiui'olef la peine,
ache ctiic naije pine, octip cuic neclaife pfiip a mbi-
atfoachc, noch ifp a cuicp'oe cfiian ap each cpiun, ap,
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BEE-JUDGMENTS. 195
Q^ a man who finds a stray swarm o£^ bees in a Bbb-Judo-
lawful green. The lawful green with the Feini is the —
space as far as the sound of a bell or the crowing of *^*'*^**
a hen-cock is heard. The fourth of the produce tx>
the end of a year is due to the man who finds them,
the other three quarters to the green, in which they
are found.
Lawfal green, Le. the space which the yoice of the bell reaches for a
church, Le. the green in which the bees are found. . The crowing of a cock,
Le. for the * Briugfaaidh '-farmer and the poet. . Is due, Le. one-fonrth of the
produce to the ead of a year is due to the man who finds it, Le. II they have not
more than the aecority of a year, it is one-fourth that is dne to the finder, and
if they have more, it is one-half. To the g r e e n, Le« to the owner of the gieea
In which it is found.
The three commons of a king are, a road, a mountain^ and the
sea. The third of what the se^ casts ashore is due to him, and'the
ninth part is due to him, of his tenant's finding-share of what he
gets on a wild place. Whatever is found on a road is his inherent
right, unless the original owner is known, except the finding-share
(reuxml) to the finder. ' -
As to a man who finds bees in a tree** in a lawful ^I'r^ *«
green ; if it be after a year,' one-half is due to the
man who has found them^ the other half to the green
in which they have been found
If a man who has found a settlement of t)ees* • ijjj ^^^
outside a green in a place that reaches as far as a
great wood, or a lake, or a wild place, one-third is
due to the man who has found them, and two-thirds ' .
to the land on which they are found.
K a man has found a hoard of bees* in a wood,
or a wild place, or a lake, it is his own lawful pro*
perty, for it is one of the innate rights with the
Feini, except the share of the head of the tribe,
and the share of the church to which he makes his
[ will,* whose shai-e is one-third out of every third, for ^^.f **
t « After aytati Lei when the beet hare been lodged there for a jear.
I — - •»
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VOL. IV. .02
\ ■ ■' ' Digitized by Google
196 bech b|\edia.
b»jtog- na cbti'ne|ibacha|i ectaif na pne T)ineoch 'Oop^tiiUec a
— metnotip^
tl 1 pairhcfii .1. -Dati Hn-o if bititKi icccd if an jxacti fee TTl at> ia|i-
moca .1. mat) loriafn aoitli na btioDna "do sabofi he. tech naitl.i
a lea6 eile t>o frifv na poitoe i pasabafv e, T>a «i ainT>lisrD oifi a beit
btia<6ain ina [{?]aitce ^en fHxgboil tx), no pn a cuaific vo ca|[u
1 n neoch .i. in n1 fin moo fea6cafi aitde tk) sabofi e icifi {^al6e ociif
wfiofn'o. Hu'D.i.nacaiUeaDnofVD. &ctnachi;.i.in lado. "Oifxainn
.1. in f^leibe. ^tiian ^>o pifi fo-ongaib .i. ctiion T>on ii\ t)0 gaib 9>
X>a Cfiian .i. 'oa rtiiocn t>o ip. inT) etvohi'D i fogotfx e.
T^iian i>ifi fiite omT), maifie mo tia ufiebaifve bliaDfia, octif
XKi Dtiicm mcro lofi mbtioTDain ; no, 50 na beit ate ufiion on-o
DO "St^T* ^^P' ^f in'oifeocnn teabtifi a "oeitbifii 51*0 fie mblicctain
'Svo lofv niblia6ain.
til fitfD .LadoiUe. *D{Mtvainn .ninfleibe. Ccmachr .1. inla6a
•1. loda bet fee If t)itef .1. if -oilef -oon aei feo^ifin. OCti if oen
.1. tiaiti If oen tx) na hearvnatib if tvo -oilef fein -do ti6i|i m-o frene6haif .
OCchT/ cmc naige pine .1. adcin ciiit> befief in nogai bif 'oon'o pne
.!• ftoit geline a -oiiatstif cennadcao. in 'oaefiiuxt. Ctnc neclaife
.1. In ctin> oca TKm eoglaif ip. bif ainT>fin fve u'oadc 11 och if f 1 .i*
feidhn oona 1 ctirop'6e. 'Cfiian af each cpian .1. cfiian a haen
cfvian xxm cat pn, in nomo^ OCfi na con'oetibachaix .i* (X|v na
oonnwubofitap mi) eglaf no InT) me t>o neo6 aifiilcntsi^ o mballaib*
T^iion a taoat ff,iii o T>ae|iTnana6 eagatfa vo on edoif, octif
o •Dae|i6eilib flata -do tait, 511 fiti'D no ecmachc no 'otfiafnT), octif
IX. meet m(ro mrwpte ; cetfiainite a tcrbat o faefimonad eagalf a
•oeoglaif gu tiaT) no e^madu no 'oif.ain'o, ocuf ccili 'oecma'o
afn'Ofite ; octif nodo nml ni o faeficeile floca 'oo tait.
1 A f¥u*$ Memfy.-^That is, if the bees hAve been there for less than a year,
nndisooTerecL
*No hook ; Le; no original text
.. * Loch BcUtd^ now Lough Mnskeny, in the Galtj mountains, and on the south
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BKB-JUDQMKNTS. 197
a church or a tribe are not to be defrauded of what ^^;;f^
they merit from their subjects.
In a lawjul green, Le. ire think that thcj are ancient trees that are in this
greexL If after a pear, Le. if it is after the year it has been found. The
other half, Le. the other half ffoet to the owner of the green m which it is fonnd,
if it be legally proved against him that it has besn a year in his green without hia
discoyering it, or without his instituting a search for it
In a place that it reaches a§ far at a great wood, Le. this Is the
case when It is found outside a green between a green and a mountain.
Wood, Le. of the wood or forest Lake, Le. of the lough. Wild place, Le.
of the mountain. One-third to the man who has found them, Le. one-
third to the man whafound it Two -thirds, Le. two-thirds to the owner of the
land in which it is found.
One-third is due in this caae to the finder^ if there be not more
than a yearns secoritj/ and two-thirds if after a year ; or^ (iccarding
to otherSf there is never more than one-third, for no book" mentions
any difference, whether it be before a year or after a year.
In a wood, Le. of his forest Wild place, Le. of the mountlun. Lake, Le.
of the lough, Le. Loch Belsed.* It is his own, Le. it is lawfully the property of
that particular person. For it is one of the innate rightt, Le. this is one
of the class of things whidi are innate rights, according to the ' Fenechus '-law.
Bzcept the share of the head of the tribe, Le; except the share which
the chief of the tribe obtains, Le. the 'geilfine '-chief in right of his headship^
Le. the *daer '-stock. The share of the church, Le. the share which is due
to the church of the man who is making his wilL Whose ehart is one-
third, Le. I maintain that this is its share. One-third out of every
third, Le. one-third out of eyny third to iiim, Lethe one-ninth. Are not
defrauded, Le. for the church or the tribe should not be defrauded of what
they are entitled to receive from their subjects.
One-third of his finding share is due £rom the * daer '-tenant of
a church to the church, and from the ' daer '-tenants of a chief
to the chief, as far as a wood, or a kke, or a mountain, and one-ninth
if it is in these plaees the awarm is fownd; one-fourth of his
share ur dvA from the 'saer'-tenant of a church to a church, of
>' \ all things found in the green until it reaches to a wood, ^ lake^
or a mountain, and %i is entitled to one-twelfth of a ewcKrm found
in these; but there is nothing diie from the 'saer'-tenant of a
chief to a chiefl
boundary of the parish of Tompleneixy, barony of ClanwilUam, and county of
Tipperacy. It is locally beUered to be bottomless.- For a curious legend concern*
ing it. Me leoMor Areoc, foL 111, ooL b.
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198 bech bfiecha.
BntJuDo- Conaf a n^atMifv irw cole Dec, uaiji nac fn-wpT) Utibai|\f
'""^ If Of 5aba|i, aifiail if e qfiian a taoat oca o T)ae^xmana6
eos^^T^ "^^ eogloif , octif o T>ae|iietlib floca do laic, 311 f.tJT)
no esmate tio •oifiainx), crca tioraib 1 fiti-b, cnbat'O Define jeniccd
he rfiicnn tia coT)a6 ica o foefimcmad eogalfa T>a egloif gu
fitiD no egmacc no xrtfuxinx>| do beit uoiuib 1 fitit fon cuma cecna
•1; oati ves.
Cpiocn a rfimn Dogfief o Daefimanconb octif o Daeficelib af
na ffiirbib fo^abaic 1 necn;acc ; aji annfa6c DOib in baile ofa
mcfoc If ai|ve If bee befvccft uaitib. TDainip |itiD no Ditxoinn no
ecma6u» if rjfiioin ffwrbe na nDae|inianacb do eclaif ocuf na
nDae|iceili do lairb. THaD faefimonach imofititi, if ceacb-
fiomtiin fiirbi fo^abaic Dia neclaif mainib fiUD no eonadc
no DifioinD. TYloD fitiD no Difiainn, if in DOfia fiann Dec no in
caicoD jxann Dec do eclaif, a(x |ii. TTIaD |ii inio|V|iti, if rfiian
af in rfeoc if uaifle fojaib, ocuf ceacb|iamti af cac feoc
olcena
bech bice itLtigbafic no 1 litif, cipe fxyoafiochla no
fioxxxgocca, 'Difien fe amal biT) a qieb ivofnacccro, ofi
fiOfaiTMscht 1 com'Oi|xe la peine.
bech bice lUtuf no lubtific, ic coni'Difie pfii feocu
cfiobe.
bech bice 1 faichche, ape pyoafiochta no fODpx)xLa,
•Dip-enafi Ian TMiie. Ro ftn'Oige'D fon la peine hi
€010*01110 Fp,i a htiofal neimchiti cechpa.
' Atfar a$ a wood. **Here, let it be remarked,'' says Dr. ODonoyan, **that
the word^ <ga mdh/ i.e. * as far as a wood,' are technically used, to express
•things found in the plain,' and *i mdh,* things found in the wood (i.a. the
wood at ihe txtremity of the plain or green), a condeDsatton of language not to be
matched in any other language." The word 'ecmaic' may mean '« difficvlt
plaoe^' though it is once glossed/ * a lake,' in p. 197.
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I
BBX-JUDOHEKTS. 199
Whence is the twelfth deriyed, as books do not mention itt It Bbb-Jopo-
is derired £rom this, as it is one-third of his share that is due ..^
from the 'daer '-tenant of a church to the churchy and from the
* daer '-tenant of a chief to the chief of a stocvrm/aund in the green
as far as a wood,' or a lake, or a mountain, that is due from
them (of a stoarm/ound) in a wood, ibc, it is right from this that it
should be a third of the share that is due from the 'saer'-tenant
of a church to his church of a woa/rm fowmd in the green as far as
a woody or a lake, or a mountain, that shoidd be in like manner
due from them of a mjoarm fownd in a wood dUme^ Le. one-
twelfth.
One-third of a third is always due frt>m the * daer '-tenants of
church lands, and * daer '-tenants out of the hoards* which they get ^ Ir. Fkit,
in a lake; it is on account of the difficulty of the place ^***^
from which they brought them, that but little is taken from them.
If it be not a wood, or a mountain, or a lake, one-third of the
find of the *daer '-tenants of church lands is due to the church,
and of the ' daer '-tenants to the chief. But if they be 'saer'-
tenants of church lands, it is one-fourth of the finds which they
discover ^^18 cJiM to their church,if it {the place) be not a wood,or a
lake, or amountain. If it be a wood or a mountain, it is one-twelfth
or one-sixteenth part thcU is due to the church, exceptyitmi a king.
But if it be a king, it is ono-third out of the noblest ^sed' which
he finds, and one-fourth out of every 'sed' in general
As to bees that are kept in an herb garden, or in an
enclosure, whoever takes away from or steals them,
pays a fine as if he had stolen them from a house,
for they are fixed to the same * dire '-fine by the Feini. -
Bees which are kept in an enclosure or herb garden,
are of the same ' dire *-fine with the ' seds * of a
house.
>^ As to bees which are kept in a green, whoever takes
\ away, or carries them off shall pay full ' dire '-fine.
This has been fixed by the Feini to be the same* as for
th6 noble ' nemedh * cattle.
•TXejoflWiu. Litarally; ''This hMbMaflzwl by the FeinlM equal 'dire '-flm
with the noble 'nemedli' cattle."
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200 bech biiecha.
B»JuDa. belch bice f echcap. txxicche, cipe pcoapoxla no |W)T)o-
*^^ joca 'Difienap, laTTOiive po ftii'Dise'D i cotn'Oip.e la peine
flxi 111 cechp^.
bech bice. 1. ifntii^ llmf .1. calt. Cipe .uim nlT>e« Rochta
.1. HI w quatrvcab. W 0 t^ot>agarT;a .1. ime tiile tia cejpa- "Oiixen f e
.1. eitini'D feipt>eic enectann an^ amonl bi-o af in C15 jio gGccocD fe icro,
im ton 'Difie,octtf itn Icm eneclann. CCiv |io|«iii'Di5chi .1. ucnix po
faiT>i5eT) cucTvomof eneclain'oe -do tveifv m emechoif if ua bedoib bice
. If in tif calt.
Ho tubuiic .1. noif intiibgoTiciniiiiS. 1c coTnT>itve .i. ic cacfunna
fin im enectcmn jvif na feT»oc}b bif aige ma ti$, amont cleite na ne6c-
fvonT) 1 monsin 00 na sctbail pofi paefom if pf .
becb bice 1 paicbcbe .1. T>ia mbeo^tigaT) beaTUCfi ama£ a ctcnt>e
~ fio a mmne .1. 1 moipn TMSona .1. leit enedonT) innca la )/Ocn T>itie.
Hochta .1. fmnl'oe cfiiocrvcnb. PoT>|ioxta .1. Ime mle. "Oifvenati
tan t>i|ie .i. icocit) fe ton eneclann im oetarvTHX, a ceccchoifx 1 naen
octir leiceineclann . La n T) 1 jv e .1* cecheTie a naen. Ho f tt 1 'd 1 5 et> .i«
|W) ftn-DigeT) loryfi-oe -00 jieitv inx) einedaif 1 cuc|itimtif enectoin'oe fwf na
oeat|u»b uaifle no if tuga bif ag a nelrfieo uofal im teit eneclann. tl 1
comT>itve •!• Ian incib a moipn.
SeclicaTv paitche .1. t^ "DecbeTieaf beof tw> caitieD omach lac
Po'Daiioxta .1. Im n1 "oe^no -oia ctvicrcbTiaib. Uo jio-oagaca .1. fmt
mle. *Oi|venaix lanT)iTve .1. icaD fe Ian eneclanT) Incu im cetaii-oa
.1. ce^ftejie a naen. Ro ftn-oiget) .1. tio fin-oise* laD 1 cuctvumuf
enectoin'oe -oa twi|i fn-o f>ene^atf fiifin cea6tva if Iti a maijin Im loit-
enedanT) men .i* caifxig a c|ii in'oib, ocuf .uii.ma'6 neneclain-oi .1. Ian
eneclann if na beacaib 1 lif , ocuf 1 lubgofic, octif 1 Txngti, ocuf leofc 1
maisin, ocaf .mi.moro feaccafv maigin.
TTIaf a tif no a lubjoiic fio ^ocuaic tia beich, if lorn enedonn ;
maf a faicbi, if let eneclann; maf a feaccap, paide, if i]ii.a^
neneclam'Diy 51-0 maigin fin 51-0 fechcafi maipn, 51T) ctiqfvtinitif
tm 51T) ctiqfitinitjf cleche. Wo, -can cena, ache maf a maigin, octif
If ctiq\timtif cleichi if Ian eneclam). TTIaf a cbwrfiumtif lui,
If leich eineclanT). TTlaf a feaccofi maigin ocuf if cucfiumof
clete, If lech eneclon-o. TTlaf a cticfitimtif lui, if uii.a6nenec-
loin^, octif ceichfxi cefa Trtfii, ocuf ceif aic^eona in ca6 cefaig in
cadintiCDibfin.
> Abroad, 'imtns,* here and ekewhere majr mean, 'in an open field,' as dia-
tingttished from an enclosed place.
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B££-JUDGMElfTS* 201
As to bees which are kept outside a green^ who- bb-Jiido*
ever carries them off or steals them shall pay
the full 'dire'-fine, which has been fixed by the
' Feini ' to be the same as for the small cattle.
Bees that are kept Le. abroad. > In an enclosure, Le. within. Who-
ever takei ttwaifj Le. as to any part of it. Takes away, Le. a part of
their comhs. Or steals, Le. as to all the hives. He pays, Le. he pays
honor-price for it, as if it were from the house he had stolen them, as to fnU
*dire*-fine, and full honor-price* For they are fixed, Le. for eqnal
honor-price was fixed according to the ' Fenechos Maw for the bees which are in
the endosure within.
Or herb garden, i.e. or in the herb garden ontside. Are of the same
' d { re*-f i n e, Le. they are equal as to honor-prioe to the ' seds* which he has in his
house, such as the prime beast of eztems taken into a precinct under piotectiott
and wiih thy knowledge.
Bees which are kept in a green, Le. which are brought ont forfeedingtoa
momd or a shmbbery, Le. ai| inviolable place, Le. half honor-price it dbe for them . -
with fnll'dire'-fine. Takes away. Leas to any part of the combe. Carriesofl^
Le. as to them all Shall pay fall Mire*-fine, LcheshallpayfaU honor-
price as to four tUngs, from fonr to on«^ and half honor-price. Full 'dire -
fine, Le. four to one. Was fixed, Le. these were fixed according to the
'Fenechns'-law to the same proportion of honor-price as the noble cattle or the
smaller cattle belonging to the noble 'nemodh -person with respect to half honor-
price. The same, Le. full ^ dire*- fine for them m an inviolable phoe.
On tside a green, Le. these were also sent out through necessity. Whoever
carries them off, Le. as to any part of it, or of their combs. Or steals
them, Le. as to the whole. He shall pay full 'dire'-fine, Le. he shall pay
full honor-price for them as to four things, Le. four to one. Which hasbeen
fixed) Le. they were fixed in the proportion of honor-prios according to the
'FeoechusMaw to the smallest cattle in a precinct with respect to half honor-
price for them, Le. sheep as far as three for them, and the seventh of honor-price^
Le. full honor-price for the bees in an enclosure, and in an herb garden, and in a
green, and one-half in a precinct, and one-seventh outside a prednct
; If the bees are stolen fro^i an endosure or an herb garden, it (^
[ penalty) is full honor-price; if it be from a green, it is half honor-
price ; if from a place outside a green it is one-serenth of honor-
price, whether that be a precinct or outside a prednct^ whether, equal
to small or equal to large cattle. Or indeed, according to oAera, if
' it be from a precinct and in proportion to large co^^, it (^ ^>ena&^)
^ is frdl honor-price ; if in proportion to small cattle^ it is half honor-
price. If from outside a precinct and in proportion to large cattle,
Y it {the penalty) is half honor-price. If in proportion to small cattle,
\ it {the penalty) is a serenth of honor-price; and four hives, as
I * dire '-fine and one hive as compensation, art dtie for every hive
I in every instance of these.
/:• ,-
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bbs-jvdo- bech cecechrxt fefi |X)Dacoi|ie T>i maipn inftiiT>i5i-
— , chati, fo ceol octif cai'oe, fiochpncafi paiti, ni im'Oich eta
bech cuic 7)0 inT)ib; 'Oifien fe 1)6 po choibne co cabafi
cechce 'Di tnogiti T)iati 7)0 poxLaiceji.
If poivftinT) |xo ftii'Dischi bech bp^cha la jpeitie.
Oech cecechca .i. hent ceu^coiT; cnT> no cnc Petx poT>acoifle
•1' y9fi foactof teif loro THxn Incro i fttrotscetx icro. Po c eo t .1. coigled-
mcma gaiTn banai'6> ^aiT>e .i. 'oidetca iap.ccnii. Hochpincafv -i.
ocaf TKC pncctfi cnfv 0. tli im'Dich .1. nodon 6ifn'DiT>n6n'D gehi pia6a
. pOTie uoii:^ ge bett caiT> tto incib, 00 na nefcaiTiet ma t^tic onnach loc gon
Pf T>it\ in fefuniVD, pt> lef pen lac, no 00 cacta in ivoinT) bu'o ooifv oixfU).
"Dif^en 1^6 .1. eiiiniT> p-oe pia£ goroe onti 1:0 cob1nc1ti|« amait na booc6;
ctivD "DO 1ncib» 00 na neofcaifie. Co cabafx cechue .1. co caboifi, fe a
■Dlige^ vifi wv epafrn) 0 foablaice{\ iod [.1. g. nigen'D fe].
Til nimtMch je beit ctJtc 'oo ixvbih; in airbpn octif Ian •ottie teo
tiile a erpocafu nicco qfvoccap, iniofi|io, if Dilfi a coca pen -do,
ocaf DO fien Ion "oifie la cmc in pfx aile ; no ^n T>ifxe tioo la
CIJIC feni ocuf If Ian TMfie tioo la ctiiu ceili.
"Otiini paivcxfcifi jryiiti beat an-o fin, ocuf fia6 gaiw ocafncib,
iiaifi na •oeafina a nefgaifii, ocof "oa nefgaifieo foD, -oa htcco
CtJl-pig fflltl '00.
* /Vom which ikey have leen (alxn away. The Irish enclosed in brocketa, lit
the end of the words thus tranaUtcd, ia in the US., but it is unintelligible.
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202 bech bfiecha. \
J
BEE-JtrDGMBNTS. 203
As to a man who takes away settled bees from the Bm-Jcdci.
precinct where they are settled, by larceny and thefl^ —
when it is found out against him, it shall not
shelter him that he has a share in them ; he pays
in proportion until he has given what is lawfully
due to the precinct from which they are taken
away.
It is on this bee-judgtnents have been based by
the Feini.
Settled beefli Le. bees that liATe taken poneftnon of a lodging or filaoe.
A man who takes away, i.e. a man who takes them away with him from
the place in which ihej are fixed. L arc en 7, Le. this is original theft Theft,
ie. hidden afterwards. It is f oand ont, Le. if it be known respecting him.
It shall not shelter him, Le. it shall not shelter him from the payment
of fines for theft, even though he should have a share in them or be the owner of '
them himself, and that he has made proclamation respecting them, if he has taken
them out without the knowledge of the owner of the land, or until he shall have
•made the just division of them. He pays, Le. he pays fines for theft at the
same rate as if he had no share in them, and had not given notice. Un til h e
has gi V e n, Le. until he has given lus due to the owner of the land from which
they have been taken away.i
It does not shelter him that he should hare a share in them ;
restitution and full 'dire '-fine for them all' is the severity 0/ the
law in this cote. But if leniency be alhioed, he has full right to
his own share^ and he pays fiill * dire '-fine with the other man's
share ; or, according to others, he pays no ' dire '-fine for his own
share, and full / dire '-fine with his neighbour's share.
This is the case of a man who has discovered a find of bees, and
fines for theft are dme for them, because he did not give notice, for
if he had given notice of his homng found them he would get a
finder^B share.'
t For ikem aU; Le. for all that he took away, for his own aa weU as for his
neighbour's.
*AJmda/^$ share. — ^The tract ends imperfect here. A fragment of a glossary on
the subject of bees, supposed to be a part of the Senchus Mor, will be found in the
appendix. For the mode of taking bees in distress, vide Ancient Laws of Irelaad,
voL 2y p. 121, and for sundry regulations as to injuries done by and to bees, vii$
' voL 3 of the same mtk, pp. 488-489.
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<
COlbMlUB tl16a.
RIGHT OF WATER.
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coibniti« tii«ci.
^^^ Coibnitir tiifci cotp.i'One hi pince'Oaib gfiiatn ofafa
— :■ cat|xini'De|x; ap, ippe coibnitir tupce caijxi'Dne la peine. Dp,
^ «fxx coifii'Dnichefi afi ipeD on ailef each cec la 'oeolai'D
foch na c[iicha olchena, aip, ni conpep coc e btmoD inx)
tHpce, ace a cifi apa caini'Dnichep, ; if p apai'Diu pp^ipi^
'Dp^en^acap. na la aile 'Dap, cip, cip,e beppoa neppom ;
lafipai'Diu, DO cec inDpne ap, beolu 'oeip.bpine, aix ipp
innpine i pinceDaib ^lain a cip, i puippchep.; ap,ipp,tii-
chiti la peine in pepam anDpen olDap a cip, ap a caip,-
iTMiichefi, aip, ippex) ailep qii la DeolaiDe pech na cp,icha
olchena, amal bep poeppna* OCp ara poepfam la
peine nax) aili[T)]achc cp,i poecu ap, a ctip^ti beU po bich
nanT)aptf 'OichenglaD cop, mbel inneoch mapalocap.
ceni 7)0 pacbail leo neoch map.alacap,, ache noe cuiiti
' ochochaichbecca la peine, cia p^icep,, hiceipiDe na Dalec
pine, pine poDapoccaip, potiich ppip na 'oabp.tii'D poch-
' aiDe, ap, ni cechca nach peppam ap, na cegac pxxcha
pine, ocup naD pp^n^ap^a aige pine; ap, Dichenslaicep,
each chofi cen pxxich pine la pine.
> l%e three neareit lands — See O'D., 1025 and 1028, for a more distmct refer-
eBoe to these diytsions of the tribe lands. The word trana?ated three here, as the
lense reqnirea, vas wrjtten originally in the M.S. * cifi,' but the i haa been
obliterated.
^Ifine conlrae(f.— For the regulations on the subject of contracts, vide The
* Corns Bescna,* in vol. 3 of The Ancient Laws of Ireland.
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EIGHT OF WATER.
i
There is equal right to the water drawn through kiohtof
the tribe lands diie to the lands out of which it is —
drawn ; for thus the right of drawn water is adjusted* • ir. 7» »
by the Feini. The land out of which it is drawn is-
entitled to have each first day {i.e. Monday) gratis in
preference to^ the other districts in general^ for it is «» ir.segond
not known where the source of the water is, except that
it is assumed to he the land from which it is drawn ;
after this the remaining days are distributed over
the three nearest lands ;^ after this^ the ' innfine'-land
goes before the ' deirbhfine Mand, for in tribe lands
the ' innfine Mand is the land in which it {the water)
is detained in a pond ; for the land* in which it is
detained is nobler with the Feini than the land out
of which it is drawn, for it {the pond lot) is entitled
to three days of gratuity in preference to* the other
lands^ like the custom of ' foessam.' For there is a
'foessam' with the Feini that does not deserve but
three ' sods ' for his verbal engagement, on account
of the difficulty of dissolving a verbal engagement by
which, when perfected, anything was or was not left
to them, except m t^ co^e o/*nine contracts* which are
dissolved by the Feini, though it is said, these are
they whom the tribe does not recognise. The tribe
proclaims them because the many do not approve of
them, for no ' foessam ' is lawful which is not sup-
ported by sureties of the tribe, and which is not
proclaimed by the head of the tribe; for every contract
is dissolved by the Feini which has not"* surety of the « ir. wuk.
tribe. ^
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- 208 Cotbniuf Uipa.
RiOBV OF Co 1 b ni 11 1" .1. oca coibliiT^luf no com-otictif •oon me ifin tiifoe ccotinsititv
^^"^ cmT)| a'Duat^af in-o eat^InT) •ocnfi ccnp.5ii;i|i e. CCiv if f e coibnmf .i.
ticnfi ife coiblnduf no comT)tiiijf \nj> tiifce ccotisiciti cm'o -oo tieifi inT>
tmedoif. CC|v if e-o on ailef .i. ttcnti ififi'oe cnixitcnisef in ce^ laTW
fntteotccodcnfie foac na peap.on'oa oldeana. Ife euro in -oeolai^ nocon
eisen -oi q|\om'Dctip.. Cacb cec ta -oeolai-o .i. cot log -oo ap. imf -i.
T>eolai'o leif atiaba in ctiifce tk) cabaific af , no, ife ctiic a ■oeolcrft, noco
neoen a zataL OCitv ni conpef .i. tfoifi noco neaf ccnc Imi banoro oile
icon tiifoe adc m peorvon'o afa caitigiciiv e .i. af in zobofi- Iff af m -oi «
.1. If Ofa nai 60*60 ifin ■otieimniscert na laiti -oa hatz na cjfw peoTian-o if
nofa TKMb .1. ia|i caboitvc loicbe -oo copii|\. 1 afif ti 1 T) 1 11 .t. lOfv cabaific
Uiain'DOCofraTi. 'Oocecin'opine.i.aiiiaixine.i. InMn'o. CCt^ beolti •«.
|wa ci|iib no in cifv 0 robufi 511 tin-o. •Oeijibpine .1. in tinn- CCfv if f 1
. ' inp me .1. ai|\ if in cofmailluf na In-olni aji latilnl 1 ffnlDtn'odib 1nT>
'{ieccfunnT). ^|\ 1 ptiif f iche|t .1. peafvan'D 1 ptiip'onisfciTv .1. in thi'o, in
cufoe. CCfv If p.ti 1 ch 1 u .1. tiaip. if tiaifti "oa iieiix in-o penecbaif in peotion'o
I faifnitep, no 1 pocbaiscefv. In poefam an-ofen .1. in tlriT). Ot-oof
a cifv .1. ol/oaf in peatvanT) "Dop. a txnfinsitiiv e m T>itve o cobufi co tinT).
CCitv iffOT) aitef .1. tiaiti ip fin atiitcnigof ctw law In'ocotaDcaijfu
fead na peafionna eilo ceono. If o cmt) m T>6olai'6. OCm at bof .1. amail
bef In mic poefmo. OC|i aca poof f am .1. uaifv oca mic poefma tm
naifnei'oen'o In penechuf , octif noco naip-ibcnlsenT) fe ace qfii foocu .1.
Cfii ba ap cfieabaiTio j;ti coi|i 0 betaib o tvigoib co na com5P'aT>aib rya mic
•poefma 'oa geitlne no 'oa T>eiTvbine "Daft bixaigiD pinl ocuf '00^1 t^ofvmacc
featba in feocnoifi .1. poefcciti 5p.aiT> plata rati bpaigic pni ocuf cajx
ceann pojicrun'oe featba. pobich .1. pon pat nocon uTvtifa gem n1 na
deangat 'oon ci fvifi cabafi CTieabaiTve gu coifi o betaib. Inneoch .1
TK) neoch fin mafi a cuifieio e. Ceni .1. gen ni "oagboit aca co na macoib
poefma. W eocb 1. T)inneo6 fin map a cuipeo e o. moDa ifin ticip*
OCchc noe cufiti .1. ofi na htitib dojioib if caitihecca .1. co|\ moga, cop,
monai^ cof\ mic beoachap, cobce tk) baet, cofx batch ppi gaei;, cofi
tHX bdn gin a cete, cot\ 'oopce, cop. mefce, cop omna. Cia Tiaicetx .i.
aa Impxncep lOo. Tliceifi'oe^i.ifiaDpnocaf nocon 0*60 tenaf inn tnt
lo^mapafco^ Pine poT)apoccaiT\ .1. bi-o in-oi fnnt ga pp^pogpa.
Potiicli .1. pon pat biT) in jx>6ai'6e ga ppitp.u'o copait» a ccntmed. CCjv
. ni cecbca nach poeffam .1. uoip, noco •Dlige-o tin in mac poefma tmx
. gaboit imtnd mamS T)ecfaD cpeabaipi T)on 5n1 p.if im tog na gaip« w>
caboipc -DO. WoT) pop.ngap,a o. manap«b In co^ai bif T)on 1n1 ga
popoongop. CC|i T>icbengtaicep. .1. cm naf ceangoitcefi gac cunp^xo
gein c|\eabaiixi ant) va |veiti in-oe penedaif .
^^Tke force o/graiU is. The remainder of this explanation is lost.
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RIGHT OF WATER. 209
There is equal right, i.e. there is equality of right or inherent right doe Riohtof
to the tribe in the water which is drawn, in right of the land over which it is Watbe.
drawn. For thus the right is adjnsted, i.e. for it is the equality of right
or inherent right to the water that is drawn thai is here treated qf, according to the .
* Fcnechus -law. Is entitled to, Le. for it is this land that deserves to have the
first day gratis (i.e. by waif of privilege) before the other lands in general. The force
of ' gratis * is that it isnot obliged to cast lots. Each firstdaygratis, Le.it
is entitled to every price first, i.e. it is gratis to it on account of the water being
led from thence, or, the force of the ' gratis * is, it is not necessary to dig for it For
it is not known, Le. for it b not known where there is another source for the
water except in the land out of which it is drawn, i.e. from the welL From
whieh , i.e. it is from this particular thing the other days are distributed to the
people of the thrf lands that are nearest to them, i.e. after giving a day to the .
well. After t h i s, Le. after giving Mbnday to the welL The 'inn fi n e -la n d
goes, Le. before the ' iarfine*>land, Le. the pond. Before, Le. before the lands
or the land extending from the well to the pond. 'Deirb-f ine*-land, Le. the
pond. For the 'inn fine '-land, Le. for after the likeness of the* innfineMands
to the 'iarfineMands are the divisions of the tribe land toith respect to the water. The
land in which it is detained Le. the landin which it is gathered, Le. the pond,
the water. Is n o b 1 e r, Le. f or the land in whieh it is gathered or detained is nobler
according to the Fenechus. Is detained, Lethe pond. Than the land, Le. than
the land over which it is drawn, Le. the land extending from the well to the pond.
For it is entitled t o,Le. for it is this that deserves to have three days gratis be-
fore the other lands in generaL The force of gratis is . . ,* Like the custom o/
*/o e« a m,'Le. like the custom of the adopted son. For there is a'foesam,
Le. for there are adopted sons of which the 'Fenechus Maw makes mention, and they* »ir. ff^
do not deserve but three 'seds,* i.e. three cows, for proper security from kings
and persons of the same grade with them, for the adopted sons of their 'gelfine*-
diviaon or 'derbhfine '-division in contravention of the tribe and of the increase
of the old man's property, Le. the 'foesam ' of a chieftain grade in contravention
of the tribe and for the increase of the property. On account of, Le. becaose
it b not easy not to fasten a thing upon the person to whom security is given
properly by word of mouth. By which, Le. by which according as it was
put. Without any thing, Le. without their leaving anything to thdr
adopted sons. Wlilch, Le according to that thing as it was put, Le if in the
writing.^ Except nine con tr act s, Le. all the contracts which are dissolved, ^ Ir. Letter^
Le the contract of a bondman, the contract of a ' manach ^-person, the contract of
a son whose father is alive, a nuptial-present to a harlot, the contract of an idiot with
a sane person, the contract of a wife without her husband, a contract in the dark, a
contract of drunkenness, a contract of fear. Th ough it is said, Le though they
are mentioned. These are they,Le these are they which thetribe does not dieem
lawful to keep. The tribe proclaims, Le the tribe truly proclaims them.
Because, Le because the many insist that it is proper to dissolre them. For
no 'f oesam* is lawful, Le. for we do not deem it lawful to take any. adopted
son outside unless sureties of the tribe are given with him that the price of
maintenance will be given for hiuL Not proclaimed, Le unless the head of the
tribe proclaims him. For every contract is dissolved, Le that no contract
is made binding without security for it, accordmg to the sense of the ' Fenechus'*
law.
VOL. IV. P
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210 Coibnitir tltfci.
RrairroF inje .till, fitfofal chtifiti ficroacarti "oo chaichbiuch
— ' fieoch tna fvolarhap,; xabefic 1115, cabaific epfcop, apepr;
ap, a[ii]iDtiiTi, cabeipc pilech, commtiin achap octif a
fneicc, comctif cacha tamiia> ni tyo beip. flocha vta
cele, fee cupchlaiche no pccch 'oapaip'ois, no tu|vcfieicc
t>ian aipbiochafu
Wi meiccryiceji pip ntme octrp popcela Cpi|T,ap Dlegap
•DO each 'Deopa'o ve pcwsi'D a no^mia fOfaiT), anial cfO-
fvofsefca mv, no 'oo DiqpeT) a chetebpat) oipe.
Inse <u afi ace tia-tiii. ctifiii tionfli octtf nocon tifiiipi a caitmead.
Xf\ a fiotacha|i .1. mocDia Tiotaeicerv icro. OCpetxc .1. in ii5 a'Dbriaf nead
ofi ccninafn, ^abei|ic pi tech .1. cabaific -w) betxafi T>on 111*6.
^CaboTvca 'olis^eo^a fin. Com m tun .1. na maene ctimta|i iciix in mac
octif in a6aifi TKX comittigtib. Comctif each a tamna.i. tncumca'D'oo
oomloigib iioif bif icifv In lanaihodn 'do comloicib. 8ec cujvchlaicbe
.1. in fee vo Beafiap, afi cloDieoti- tlacti 'Dap.aifi'Dig .1. tn fiat na
befuxfi ei|i efni iiainT>i£, afx inT) imaticfxoi'D bioca ocuf mancatne. 'Cu^^
cp.eicc -1. no In qieic totvitneac x^ata T>ia ntiafalbiaraTi in ptoicb.
Ill meiccDiceTi'Mii inserpcectiiv Pifvnime.i. mtiinin|\nfme. OCfi
■Dleagaiv .1. uaifi 'Dleosati t>o sa6 'Deofica^ 'd6 In'oyMxip'o a na|^»Qiieacca
p-oe. CCm at aDixo^efea .1. amait -oo fiognlcea e pe!n In-o, if amloi'D
T>tegafv T)e a coba£, s^n s<> baboiiicepi fiif. Ho "do ^icf et) .1. 1)0*00
'oijfe'6 a labiva aatlai'6e oifve.
Cain each tiifci choipiDne la peine. Ppif^pen^ott
a cip Of a catpi'onicep, octjp infUiT)i5ic1iep. CCp ococ
•111* came naT> chtim^oc comapbai vo chtimfctichti'O
'Dianap 'Oamac a nochaip ppta natmfip; cam each
nifce caipi'one, ocuf cam mbip, oetif cam 'opochiu;
aip iche reopa qiebtiipe in fen na'opichpolac [ele,
no na ciamsac comapba vo ctinifctiBU'D] comapbai
^Hutbtmdtmd Wift, The term ^tamna' or 'lonorhna* signifies in modem
Iriih *'e married couple.** In the anciant IiiBh Lewi it had a much wider mean-
ing. FmZo Ancient Laws of Ireland^ vol. 3, p. 843, ti ieq.
• Onrphujood $toek. Vide Ancient Lawa of Ireland, yoL 2, p. 263, for ezpUna-
tiooa of thl% and also of the tenns *< returnable *ieda,* ** "proportionate ftock."
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I
RIGHT OF WATER. . 211
Except seven noble contracts which it is not easy rwhtof
to dissolve, if they have been perfected : a gift to* a —^
king, a gift to* a bishop^an offering for one's soul, a gift * ^' '*
to* a poet, the reciprocal gifts of a father and his son,
the mutual gifts of each husband and wife,^ the thing
which a chief gives to his tenant,. i.e. the returnable
'sed* or the overplus food stock,*or the proportionate
stock for which he is supplied with provisions.
The men of heaven and of the gospel of Christ
are not excepted, for every pilgrim is bound to oppose
them fthe contracts) as if he himself had made them,
or his word of wisdom had passed about it.
E z c e p t , ie. but except the seven noble contracts, trbich it is not easy to dissolrei
If they hare been perfected, Le. if thev have been actnallj made. An
offering/or one*i «ou/, ie., what one offers for his souL A gift to a poet,
t.e., a gift which is given to the poet These are lawful gifts. Mntnal gifts,
i.e. the property mutually given between the son and the father as adjnstmeiit& .
Mntnal gifts of each husband and wife, le. the equality of noble gifts
which is between the married couple, as adjustments. The returnable * sod,*
i.e.the'sed* which is given to be returned. Overplus food stock, Le. the .
stock which is given for the increase, for the excess of food and labour. Tho
proportionate st ock, Le. or the relieving fee of the stock for which the chief -
is nobly supplied with food; ,.,,., , , i/^ ,• ' t * *' 'i
Are not excepted, i.e. no exception is mii4e. The men of h'e«ven,
Le: , the people belonging to heaven (ekwchmen). Is b o u n d , Le. f or every pilgxim
is bound to oppose their security. As If he Am««//had made them, Lo.
as if he himself had made them, it is thus he is bound to levy although it Is not
told him. Had passed about it, Le. as if thor speech ('labfia') of
wisdom (' cialliorDe ') was concerned about it.
Of the ' cain Maw of each water which is drawn,
according to the Feini It is regulated according to ^
the land out of which it is drawn, and that in
which it is settled (ponded). For there are three
'cain *-laws which the * coarbs ' cannot alter* if their
fathers had consented to them in their time; the
' cain '-law of each water conducted, and the *cain'-
r law of the dam, and the 'cain '-law of the bridge;
^ for these are the three laws which the 'coarbs' ciein-
* CanwiA akm'. The words in brackets in the Irish are found on the left-hand
margin of the MS., and appear to be another mode of expressing the statement la
the text
vofciv. p2
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212 Coibnitir llifa.
RioHTOF 'oianap. T)ani<xc atchi|i ocup fenochaip, pfii atnfeifi
— neoch. mcfo |io'Dmaice[i, a mbich famlai'O co bjiorh,
im 'oeolaiT) pa log nach 'Dlijchiii, a fieip. bfiichemon.
Cam each uifci .1. iiiasail In ntiifce caitvnptifv aai'o vo fietfifn'o
enedoif. PixifOfiensatv .i* ptiTitiennfii^cefi tkx luce na ipeccfuxn'o
'bafia conimpceti e .1. in copofu OC cifv .i- nii|i6copaT\cotin'o. 1nT>-
IWDigicYieYi .1. in linT>« OCfi acac .1. uaiji accco ceofia fiiogla naco
ctilifiseT) na oom&Dafoe ofiba ryn ciini|^pit> atz 00 caficoiv Itiag t>oib.
"OianaTV T>amai; a nccchaiyv .1. •oia fxaboro o noctaiji ocuf a feonotoifi
fna fiooi'Di'Dln pftia naimfiTu Cam cacli tiipce .1. fiiugail \tvo mfc\
coifinptifi onT). Cam mbifi .i. ina^oit inbifi na oofuro, no iiiagait.
inneii bif In hwe befva na ooiiod. Cam 'D|ioctiic .1. t^iagait In
<D{ioicrD. OCiji iche .1. uoitx if iod pn qfu neiii cfveabafia na
tMfuitctii|WT> na oome^ai'6 orvtMC. "Dianap. 'oamac •u 'wa fiabcro a
natofi ociif a feanacaifi Ina fioai'orafn, ocof fe b<n>ein. Pf^i amf eifi
.1. mbaile lafi ctiebaifie fo, ociif ni t^efcafi cia oana cec fxacha pT^if •
TDa'D tvottmaicefi .1. ma neici fin moDia tutboTk ma f\oaiT>iT>in neo6
'Dleagari. OC mbich famtaii) .1. fei6im no {nTyfaisim 511 nT>lesaTi
a mbeit aihlai'6 fin. 1m T>eot/ai'D .1. git) In aifgix). Pa tog .1. giT>
log tKC befv6ai\ wi cm-o. Wach 'Dligchiji .1. fei6im no In-ofaigHn 50
n'oleasoTi a mbeit aihlaiT) fin, tmx jieiix m bfieiteomon* •
tnafvabctf ma oitM-oin fin co rait\nis anwairi afi m feofvanT)
.1. cofia eifc, If a n-oilfi T>o5|ief o fein ama6, ocuf o mbeit
amont cad fitiT>fia^ lafv cfiebtiifxe. \to -Diia, ceona, if fie
|iti'Dafv6a T)0fiia5ailfwti ; ma fiabaf ma ainnn jxe fie cfWfi,if a
fiTMlfi o fein ama6. CCcc moni fuxib mac in cfieaf feafi -oib fie
mojiaen fie auaifi ma aiuiuin, ma ecoDnac, ocuf mafiobai, no6o
ba Twleaf iod •oogfief no co fiaib in comau fin fna aicium lafi
t)ia6cain ceille cotnaig.
V
T)li5i'D each ccmiaichech 'Oiaiiaile cui'oi'Din tifce
chaip.t'Ditie cap. a cjiich, ineoch ma poqiechchefi, |io
foi'OiseT) a fx>chfiaicpT)e fx)fi feoic 'oeich fcfiebul 'oafi
cacli mbfiug do caec neoch. TDcrD eacam, gem gaba
ache lechgabail 'De,'Difietia|i in chjxtich fo. VOoco ainmifi
\
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RIGHT OF WATER. 213
not change, if their fathers and grandfathers had ^hto»
consented to them for a time. If they have been so —
acknowledged, it is right that they should remain*so for • &. jb«.
ever, gratis or for payment, according to the Brehon.
0^ the 'ctinMaw of each water, Lethe rale of the water which is drawn,
according to the 'Fenechns'-Iaw. It is regulated, Le. it ia proportioned on
the people of the land over which it is drawn, Le. the welL The land, Le.
the extent from the well to the pond. It is settled, Le. the pond. For
there are, Le., for there are three rales which the heirs to the land^ cannot ^ Ir. JTeeperv
change, so as that yalae is given them. If their fathers had consented,^***""*
Le., if their father and grandfather were in acknowledgment of it in their time.
The *eainMaw of each water, Le. the rnle of the water which is drawn.-
The 'cain'-law of the we ir,Le. the rnle of the river-month or of the weir, or the
rale of the thing which is on the top of the stake of the weir. The 'c ai n*-l a w o f
the bridge, Lethe rale of the bridge. For these are, Le. for these are the
three secure things, which the land-hein^ cannot set aside. If their father $
consented, Le. if their fathers and grandfathers were in full acknowledgment^
so shall they themselves. For a time , Le. this is a lapse of time after security,
and it is not known what 'cainMaws should be first applied to it. If fhej
have been so acknowledged, Le. if these things have been acknowledged,^
it is right, ^c. They should remain so, Le. I maintain or insist that it U
right to have tbsm BO. Gratis, Le,, though for nothing. Or for payment,
Le. or whether price is given for them. It is Tight, Le: I maintain or insist
that it is lawful that they should remain so, aocordhig to the Brehon.
K these were recognised until the completion of their erection
on the land, Le. a fishing weir, Ae.y they are lawful ever after
from that out, and they shall be like every prescriptiye right after
security ha$ ceased. Or else, according to others j they are to be
regulated according to the period of prescription ; if they were
recognised during the lives of three persons, they are lawful from
that forth. But if the son of the third man did not acknowledge
them jointly with his father, he being an infant^ and in case he was
f so, they shall not be lawful until he shall have acknowledged them
K ~ for the same period after he has come to the age of reason.* • The tenm
' ofatttmbU
Every cotenant is bound to permit the other (co-"^*-
tenants) to conduct drawn water across his border, and
if it be purchased, its price is fixed to a ' sed * worth
ten * screpalls ' for every farm over which it is carried
If it be arable land, though it {the water) should pass
through only half a step of it, it ^hall be paid for after
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214 Coitwiitir tltfci.
^ator' ^^^^W^^ ^r ^c rec inna I05 ffoe, alaile ir la cacha
— cifie 'DO zee 'olegafi atp^.
Cfcccic .111. a\ie la peine cap, nach afpa T)oaificerchati
uifce^ fiemeT) citLe, no 'Otiin, no a maiden pific
CCoaic qxi cfjie aile la peine na Dlegor pochfiaicc
nact) acheffom 'Oip.enac cui'Oi'Din caififiti ; cifi miT)
. coi'Ole mtiilenn, co cabaifx copm) ; qieb oc na bi tifce ap,
'Da po^na co caifii'Dniche|l feicce, co mbi tiifci neipe apoD
fogna ; cUcd bip pctf coni'Dlma cola ntufce.
"01151*0 cacli comaicheoh .1. t>Iisi'd 006 oomcntea^ na 6eili eocfisai
<fiT> mfci ccnivnstuefv covd tKCii In t^eoqfumT) ; ocuf if e fin in TXiYtna Yima'D
If in befU/tt 1 nuYunleann T>ti5e^ cq[\ 'ouine a peafucn'o r>o fieie cin oob ait
te1|^ Ineoch .1. ini pn moroia n'oeicennonscefi e guf om qfieic loige ica
no jveiix •oligiT) if anx) if eioean o tveic a poctwnc cecca. Ro f tn-DiseT)
•1* fedm no inT>fonsiTn tu> fin'oige^ a T>eiq[ieic toi^ fiT>e fOfv fex> .x.
fqfietxxlt ca6a eatvotHiT) TKXfia coi'ofe. Tleocti nia<D eacam .1. if on'o
oca fin. Seni gaba .1. geln ga ^ba fe ace lea6insabait 'oe .i. in
pofoeme cT^ig 511 ceoccixaimte cfioigeD, tioip. "oa rtungiT) gu leit fe In celm
infunc "OiivenaTi .1. eifintcep. e pon ngne feo. YTl at) ainmin o. maT>
ainetoh. 1 f tec fee .1. .«. fqfvibaitl ma log fi-oe .1. let na x\net fqve-
patL a!tai te .1. gne onle, if la ga6a Y»afiainT> T>aii a ze\n fe T>tea5aTi
cnfie in zca\ if cvaitic mmtinT).
1Ca|i nacb affa .1. n&x^ nod iifti in ctiifcr -do tatiTwi^& 'Meme'o
citte .1. in Tieleg. tlo 'oitin .1. laxi 'otilnl in'|ii^ Ho a maigen .1.
feofw aeiblnt) fn<D oenaig, no aibinn, no aiminn.
K 0*010501: .1. na T>le5ait> "Deicfieicc toige T>oib. Hach ocboffom
.1* feiifm no in'Ofaigim goncro laDfum "Deicennoigefatai^ Tunms capfu,
octff If e oeanna6 t>a befiait) cnfi a legoD feocn gen log. TDifi iniT>
cai'ole muilenn .1. ceonx) mtnlin-o, co cabai|i a co|i<r6 .1. imo^iiifce.
Co cabaifi coixaTi .1. ga coboifi a tofuro xm) U1fc^ x>o legoD cuigi
.1. "Doiafc. T3|ieb oc na bi tif ce,.i. ceachgiif nabiuifcitixiamixygnaf
aoa uafal pognam. CCfi "oa f ogna .1. co fitnce ftn .1. cifi 1 mbt mtnlenn
1 JRoiation, i.e. eveiy one getting hu proper time to grind in hif turn,
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RIGHT OF WATER, 215
this manner. But if it be unprofitable* land, half a ^^09
* sad ' is its price, otherwise it is a day at the mill for ^ "r;.
every land over which it passes that is due for it
There are three lands, according to the Feini, over
which it is not easy to conduct water, the ' nemed '-
land of a church, or of a * dun *-fort, or in the precinct
of a fair-green.
There are three other lands, according to the Feini^
which are not entitled to price, and for which nothing
is paid for conducting water through them; land
on which a mill stands, so that it yields produce;
a house which has not water to serve it until
it is led to it, so as that it has Water to serve
it ; a trench which is empty until floods of water
fill it.
Erery co-tenant is bonnd, Le. erery person b bonnd to allov his
co-tenant to drav the water which is required to be drawn aorose the land; and
this is the second instance in the *Berla '-speech, where the law commands a
person to sell his land thongh he should not like to do se. If it be purehasedf
i.e. if this be purchased for the price which is prescribed according to law, it mnst
then be sold for the lawful price. Is fixed, Le. I maintain or insist that its price la
fixed to a *sed' worth ten 'screpalU* for every land over which it passes. If it
be arable land, Le. it is then it is so. Though it should pass, Le.
though it should pass but across half a step of it, Le. the step of a foot and a quarter
of a foot, for the lawful step is two feet and a half. It shall be paid for, Le.
it is paid for after this manner. If unprofitable, Le^ if not arable land. It
is half a 'sed,* Le. of which the value is five *acrepslls,* Le. half the ten
*6crepalls.* Otherwise, Le. another version, it is a day for every land acroes
I which it passes that is due for it when it is a rotation > of a milL
Over which it is-not easy, Le. over which it is not easy to draw the
water. The *nemedMand of a church, Le. the cemetery. Or of a Mun'-
I . fort, le, the area of the 'dun'-fert of a king. Or in a precinct, Le. the
[ delightful, or pleasant, or agreeable land of the fair.
I Are not entitled, Le. which are not entitled to fair price of value. F.«r
which, Le., I maintain or insist that it is these that purchase what passes acroes
I them, and the purchase-price which they give for it is to let it (the water) pass over
^ them without any price. Land on which a mill stands, Le. the head of a
!: mill, so that it yields its produce, Le. much water. So that it yields produce,
[ i.e. so that it yields its produce for letting the water be conducted to it, Le. of fish.
A honse which has not water, Le. a house to which no water flowoi before
to Bsrre it nobly. To serve it, Le. until then, Le. land in which there Is a mill
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216 Coibntiif tltfci.
BioBTor can i]i|x» co ccnixngichdii ipe^ peifi'D t)o, Co caifvi^nichetv -i^co
J^^ caitvnsicei^ feaiu e. Co mbi mf ci .1. concco tie In ciit|xa fin t^sn^f «•
Clat> bif paf .1. cein wfc* ani). ConiT>lina.i. co linan-Dimcro uifci e.
06c la -Dec comlona iftn 1 cuaitii: mtnlinn. Loan -00 tobofi,
tnai^z vo Unx), ce-oain if 'ooti'Dafn -do fae|iaib, oen'DiT)en octif
focaiinT) -DO iiidTiaTh. Loon a?:he|i|\ac -oo linT), maif-x; otobofi
50 Unx), c6T>ain octif •Dafi-oain vo faefiaib, oen'oi'DeTi octif
fotafinT) -DO fiidnarn. Ltion -do Uti'd, niai|ic o lin-o ftf , ceDaln
octif 'Dafvbafn -do faefiaib, oenDi'Den ocuf facajiin) -do fiicnam.
In can if ctiai|vc fin. In can if I05 inioji|it], if fqvibaill fO|\
cobofi, ocuf a "oe^ o tobofi 311 Unx), ocuf -Deic fefitbaill ficbec fOf\
Unx), ocaf a -066 o Im-o fif, cona6 cp,i ficiT) fqieaball tiile fin,
tna6 eodaih ; mao oneatarh if a leafc .1. 0. fqxibaiU fOf, cobop,, octjf
a .a, o toboft 511 llm), octif a u. -005 fofv Unx), octif a .ti. o Unv
fif , conoo .X. fcfiiboill ficeo title fin.
€1*6 fODOfva cont76 cttcfitinia fofv na feofian'oaib fn can if
caonfic^ ^einmoca lln-o, octif no6tt ctiC|itiTna o|ip,a in can if I05.
If e in fcpfc fot>efva, a px)ga ctigoo -oeatuxib na featian-o fn
cttaifvc -oa bio* t)oib, no fn loj, ocuf if 1 fvoga fitigfooaix
Cttoifvc: cfiion T>aci|i octif gtif na beafinailib bi'oe maUe fiia»
octif i^fiian -DO eUr5ain faifi, octrf cp,ian t)o bitiT) octif do
bofvbfvicntinfi .1. a .ti.e5 .cecca|\ De.
Otiom DO tob<xjfi, cofiaih ngfwnD,
In maific fna Diai*6 Don IfnD,
CoDofn DofiDafn, Dail fn p^ic
,C€ cabaificDa na faep,aib.
CCfne agtif facajWD, feol nglan,
1feaT5 |io faij a ffwdnatn,
If 1 fin, fit 5ti mbail,
CC ctiiD cotfi Dan cecfeadcrhafn.
Loom ogtif matfic, meaboifi mbfnD,
Do na cttiib gtif tin IfnD,
CCgtif o ca fn linD amac,
Hif cofioitii a nacofiach.
t Eighteen dojfi. This commentary and the verses following it are found on the
top and bottom margbs of page 26 of the MS. H. 2, 15. (T.C.D.}
]
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RIGHT OF WATER. 217
without water until it is conducted to it for iU good. Until it is led to it, Riort of
1.0. until it is drawn past it. That it has water, i.e. that it is that water ^J^^^
which serves it A trench which is empty, Le, without water in it Until
filled, i.e. unta much water fills it
Eighteen daya^ complete are in the rotation at the mill.
Monday is due to the well,' Tuesday to the pond, Wednesday and
Thursday to the artisans, Friday and Saturday to attendance.
The next Monday ia dvs to the pond, Tuesday from the well to
the pond, Wednesday and Thursday to the artisans, Friday and
Saturday to attendance. Monday is due to the pond, Tuesday from
the pond downwards, Wednesday and Thursday to the artisanSy
Friday and Saturday to attendance. This is when it is rotation.
But when it is a case q/* price, it is ten *• screpalls ' that are ehcurged
on the well, and ten on tJie land from the well to the pond, and
thirty ' screpalls * on the pond, and ten on the 2an^-pond downwards,
all which amount to sixty ' screpalls,' if it be arable land ; if it be
not arable land it is one-half of this, Le. five ' screpalls ' on the well,
and five from the well to the pond, and fifteen on the pond, and ^y^
from the pond downwards, all which amount to thirty ' screpalla*
What is the reason that it is equal amount that is upon the
lands when it is a rotation, excepting the pond, and that it is not
equal amount when it. is price {i.e, money thai is paid) 1 The
reason is, the men of the lands got their choice whether they
would have rotation, or pay price, and the choice they took was .
rotation : one-third goes to the land and the things which belong to
it, and one-third to the science of the artisans, and one-third to food
and to rude labour, Le. a sixth to each.'
Monday to the well, a pleasant deed,
, Tuesday following to the pond,
Wednesday, Thnisday, prosperous assignment^
Are given to the artisans ; .
I Friday and Saturday, fine the arrangemflnt^
Are assigned to the attendance^
» This is the peaceable ordering,
(The proper distribution of the first week.
Monday and Tuesday, sweet remembrance,
I To the lands as far as the pond,
y ' And from the pond outy . «
^* A different one does not occur.
k. 9 To the weH Here, and throughout this commentary, the definite article is used
\ in the translation several times where it is not in the Irish.
a A sixth to each. The Irish has a fifth, which seems plainly wrong.
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RiOHTor
Watbb,
218 . Coibniiif tlirci.
CoDofiiy tKtivDafn, TMnpiaib ngat,
•If in ceccmam feo -do fiicnorfii
OCefne, Axdcqfiti'o, fltiiti'D 50 In,
t)o taejuiib ap.f irm.
In cfieof feadcmain na6 initl,
T^tic Inan cjgaf maific "oa ItnT) ;
CeTxifni Txtfi-oafn, ni T)a©ti ctti,
Daboctfi pon raep- ^n ctifi f a ;
OCeine ajtif forcaimT), fi|\ Tisna6,
"Oo |vi6r)(xrh a nei-oenad.
• Ote taiifei -oeg "wgiiatf -oal,
Ifi fin in ctJctifiT; camion,
gen bef muilenx) pop, a bleit ;
RocnTXxp, ccrfiail fio fvanT>oc6,
CC oomfiofnT) if arhlait feo,
nianf fieccau aft feoDo.
Cfiifc 5ti nfg sat mhe(xtav6 mbi,
THac -Don fngin 6ab|\ai'6i
61I CC-taiTh, ilafvoa in fluctg
RicpDiT) mil in noen loan.
CiT) fo -oetva 50 ftjilex) cfii xoc iz fqieball -oo locc na fe€C[ianT>
|U) lecTOfwrb fun-o, octif mafa mtiilem) cnmaile qfii mbo na
fasanT) ace farhaifg cona I05 1 lafm ifi bunai* ? 6e in fac, va
tKieinib na feafvon'o Da leoDjia* anx) -oa befvafx a fioga nim-
dtxaifiu Tntiilfnx> "oa bep;cap. Doib, no nfac na fqiibail; octif mafa
fhofi leofarh na DenaT) muilent) ap, feapocnT) ixiv i|x eile.
Occ la D^c comlona iffi in ctiaifiu .1. laan ruifeach vo
choputi, moip^c "DO ImniT^, ceTxxfn ocof -oatvoam vo faefunb, cnn-
•DiDin ocuf f eochafin tk) ffiicghntini. Ltian ocuf maifiu vo rhaiprityin
o linni CO uopttfv ocof o mvilinn fif . Ceroin octif TMXfi'oain vo
ffiicgnani, ain ocof fachafin vo rfaep, loan ocuf maip^u vo
linni, ceconn ocuf •oafi'Dain vo faefi, ain ocuf fauhopn t>o
fp^icgnam. Tx)ffach ctia|iTHx m fo tm) |iiT>ifi ; liian -do robafi
octif niaip;c vo Imni, ce-oain ocaf ■oa^VDain co faefi, am octjf
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BIGHT OF WATUU 219
Wednesday, Thursday, of wonderful work, ^wm!
In this week go to attendance ; —
Friday and Saturday, of mention least,
To the artisans who superintend.
The third week for every work,
Monday and Tuesday are given to the pond ;
Wednesday and Thursday, not slavish their fome^
Give the artisan this turn ;
Friday and Saturday, constant eustoni,
To attendance, give the last
Eighteen days of fervid work.
This is the extent of the entire rotation.
Without mill-tribute for its grinding ;
It is distributed as it was above distributed,
The distribution is thus.
Unless they sell it for ' seds.'
To Christ, who has power over every Uvitig Ufe,
The son of the Hebrew Virgin,
The race of Adam, numerous the host.
Shall all come on one Monday.
What IB the reason that there are sixty ' screpaUs' Jtte to the people
whose lands were cut up in this instance; and if it be a mill worth
a ' cumhal * of three cows, that it gets only a * samhaiso '-heifer with
its value into the hand of the owner 1 The reason is, the people
whose lands were cut up in this instance are given their choice of
^ having the rotation at the mill, or the ' screpalls ' ; and if they deem
it too much, let them not make a mill on the other man's land*
V Eighteen entire days is the extent of rotation, Le. Monday first
to the well, Tuesday to the pond, Wednesday and Thursday to
i the artisans, Friday and Saturday to attendance. Monday and
I Tuesday are for the embankment extending from the pond to the
I . well, and from the mill downwards. ^ Wednesday and Thursday go
to attendance, Friday and Saturday to the artisan, Monday and
Tuesday to the pond, Wednesday and Thursday to the artisan,
Friday and Saturday to attendance. The commencement of the
eeeond rotation here again : Monday is due to the well, and Tuesday
to the pond, Wednesday and Thursday to the artisan, IViday and
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220 Coibnitir tlifci
ftwnr OF fxxcfiap,n T>o fp,iT:5nam. "Oa la -do each ae a feaccmam, a .1111.
— a coicci^if T)o caca, a ti! -oia ,xx. iz an5ce, otz la cac ae T)ia intf .1.
a cecaifi t)o Imtii, a do 'oo rhoptifi, a -do raiyifDin 1 coirctnni inft
linm octif t;opt]|iy octif o mtnlint) fif. ConpoDlaffoe euofifiu
uite.
Cfcatc .titi. clai'D la peine na 'Dtp,enati:e|i cttiai'o
eta fiob'oatcep. 111*015, a|i a'DgeiiaD each Vi chp,ebaiiie
neoch tnani 'oenca fiui'oler 'Oe. ClaT) T)tine, clxfo eille,
eUro p|ic, cla^ tipei caiivfone, clxro linne mtiilin'D,
clxro txKjaig moTia, cloD bip im 'Dfioiehec; a|i oclia
fui'Diti hieaD each eitiai'O a clai'D 7)1 eacha nime 'oo
. p,ona neeh ma ciji, T)© neoch pofifioi ocuf vo lina cola,
ajie cojaifieaT) cacha qiebtiip.e mana |vo famaigcea
na fio 'Oilfe fo htiifce, cenmoca na .uii. clai'D
fee. If \x>fi ftinT) |io f ui'Di^e'O coibniur uifce caip^fone
lapeine. " -
GCcaic .mi* claiT>, .1. azmv .musiiwo t>a nonfneiT>ent> Hi pene6af«
oca|* nooo neitxtiiceri ei|\ic Ina cinraib. Cia itobt>aiT;eT\ .1. aa |io bait
fncib. OCfi at>seTvoc'o .i.naitv "oa tiT^gaiTipe^ a cfieboiTie im gac nt>i]ini
inanl ftn-oisftea na netdi feo o t^on-oilfi. 010*0 i»ane .1. Hi t^i5,.i. w)
nicbeti tfn 'oun tia plota 'oa 'oaingniiigiix). ClaT> cille .1. In iwles.
Otat) pi fic .1. mn oenaig .i. c\x> inn'otigeD fo uile, ij'tan. 0 tat) ii|*ci
caifvi'Dne. .1. cUro mv uipci caiTingiceiv ariT) cum In muitinT), in con ccca
I They all divide these between them. Dr. 0*Donoyan renuurks on this; ** When*
eTer a mill was to be erected for the use of neighbours, it was left to the option
of the persons concerned (who were generaUy the inhabitants of the three nearest
lands), whether they would all join in constructing the works and conducting the
water thereunto, or let all be done by one man, who was to pay his neighbours for
conducting the water through their lands. If the neighbours had assisted in
forming the mill-pond, mill-race, and other works, they were entitled to certain
days* grinding at the mill, according to their respective positions on the land
through which the water was conducted. They were technically distinguished,
like the different branches of the family of a chieftain, by the terms 'gdilne,'
Merbhfine,* *iarfine*and *innfine.' The *gelfine' were those in whose lands the
source of the water was (which source was not always the actual fountain of the
stream, but the point at which the water was turned off for the use of the mill;
the * derbhfino* were those who dwelt on both sides of the mill-leat or embankment
extending from the well tr point where the water was turned off to the pond ; thf
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RIGHT OF WATER. 221
Saturday to attendance. Two days to each in the week, four in Riobt of
a fortnight to each ; six in twenty nights, eight days to each in a
month, Le. four to the pond, two to the well, two to the embank-
ment between the pond and the well, and from the mill down-
wards. They all divide these between them.^
There are seven ditches, according to the Feini, the
injuries done by which are not paid for (though such
should be done by them), for every person shall be
corrected by his surety unless they have been made
free; the ditch of a 'dun*-fort, the ditch of a ' cill'-
church, the ditch of a fair-green, the ditch of a mill-
race, the embankment of a mill-pond, the ditch of a
turf bog, a ditch which is at a bridge ; for from this
out each one pays for the injury sued for or caused by
each ditch which one has made in his land, to him .
who has sustained the injury, for every surety shall
be sued unless these exemptions have beenestablished
as regards water, except these seven ditches. It was
thus that the common right to conducting water was
established by the Feini •
There are seTen ditches, i.e. there are eeren ditches which are mentioned by
the *Fenechiis'-law for the injuries of which* no *eric*-fine is paid. Though .
such should be done, i.e. though such have taken place. Shall be cor*
rected, i.e. for his suretj^ would forbid ererj man, unless these things had been
established as exenption. The ditch of a * dnn'-fort,i.e. of the king, Le. which
is made around the 'dun*-fort of the chieftain to fortify it The ditch of a .
'cill*-church, Lethe cemetery. The ditch of a fair-green, Le. of thefair.
Though all these are illegal, they are exempted. The ditch of a mill-ra ce
•iarfine * were those around the pond ; the innfine were those who resided on both
sides of the stream below the mill, untU it flows out of the land of the parties
concerned. Each of the parties through whose lands the water was conducted was
entitled to certain days* work at the mill in their turn, according to the abore
clas^cation ; but if they did not choose to be paid by the work of the mill in
)■ grinding their com, the owner of the mill paid them to the amount of sixty
*screpa]ls* to indemnify them for the injury done their lands by the channel and
embankments neceswry to conduct the water to the milL The price was paid to
l each in proportion to the value of his land, for the commentator says that ten
^serepalls* were paid for arable land, even if the water had been conducted only
\ ' over a foot and a quarter of it The mill was of such importance to the neigh*
^ hours, that none of them could prevent the conducting of the water to it whca,
the price waa offered.
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222 Coibnttir tlirci.
Right or ma t)li50o. OCfi a ootccinne na cl<r6 fa ^ not ufuxfa dn Dosria pofi a
Watbb. cigerinaib ; no if T)m)C(n>a lao a|i noti ctn-o u^ocnti anne* x>6ntha ; ocuf
tna ^Kz tuma 'oninl loro mafi yf rAA^aiba confiafntSi if "oenca 'oijuat icro.
CtcT) pocaig .1. in cloco af acabarvTxyDbadnaniona .1. nacmcewx .1. oc
nabi pop.oonsYV(n>, no cncbeile. ClaT} bif im 'Ofioicbec .1. clcro bi|*
lain) tie oeant> in 'Ofioicit). OCfi ocha f tu'Diu .1. 0 ta innon ea'oa ifin
1mai6 icon^ cinon^ a cluii "do ca6 ni ccnmcnnisef fe ma tifi tk) neo6 bif
00 int>ligei&« "Oi each a n ime.i. -oa ni nea6 Ina ^jeapxtn-o- *Do neocfi
t^o|vtvo1 .1. -DO neocti tvt|» a pT^frtiaccnagen'D fe .1. t)1 neoch tlnop ima6
«ifa. GCivecosaiTvoa'D.utu>hotv'Dai5tfDinicachaq[iebcnTie^inanafam-*
aigctiea na hefinaile fo '00 |vo T>itfe.
0<&v«v. J.". It, .J, . , ». r .
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RIGHT OF WATER. 223
i.e. the ditch of the water which is drawn to the mill, when it is in its lawful Bzort ov.
condition. In conaeqaence of the general nature of these embankments, it is not Watkb.
etay to sne their lords for trespasses; or the^r are erections concerning the con-
stmction of which authors have laid down no defined mode of construction ;< and
if a .man has made them as lawfully as he was able, thej are lawful erections;.
The ditch of a turf bog, Le. the ditch out of which the sods of turf are
taken, i. e. the pits, ijt, at which there is no warning notice of danger. The ditch
at a bridge, i.e. a ditch which is close to the head of the bridge. For from
this out, Le. from these particular things out he shall pay fine for every injury
caused by every ditch in his land which is unlawfully made. Byeach ditch,
LOi which one makes in his land. Who has sustained injury, Le. tothe
person who has been truly injured by it, Le. who has been orerwhehned with
water. For every surety, Le. it was ordered iXpon every surety, unleM these
things were established as immnnitiea.
« Haoe tkcided nothhff. Or it may mean, <* have left nothing deddve in thdr
writings as to the Gonstmction of them.**
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mai^Ne.
PKECINCTS.
VOL. IT,
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mai^w^.
PBEonrois. Ro btti coficomiiag pefx netxenn a f liab puaic, no coilc,
a tnaigi bfiej .1. a nefpoic octir cc tioUamain, ocur a
fl(x6a, octif piliTM, octrp a ftiici, ocuf a feano|ii. Ocur
[10 tnef atnnaig iftn 'oail fiti tnaisiti fee 7)0 jac sfxaT)
idjx sfiot) ecailp octif xniairi ; ocor fvo fqiibax) 05
pefvaib ep^Tin a caf mop, na fean ani fo ; octrf iff fo
eipT)e .1. boaifie laic intiiiaic, meaf a 'digona .1. |io
meifaifinai^ maijin 'Oigona cai ispiOrt).
In cnaiixfeac, 'oa 'Dofin 7)65 icift a hiafiann ocof an
baiLe a negaiicaii a hatafic Ftri|i|ie a pcaifi .1. a hup,-
lann. Ocuf an cup-cSxp, ctri|ief data an boaifie t)i fin
ocuf ae na cfuigi a n'OOjitrf a cigi, octif ap pn maigin
'Digona in boaipe am a fecaib; octif a 'oa ctiqxtima 'oon
aifie'oefa ; ocuf a 'oublaD pn vo gac spof) 6 cpn piaf
50 |ii mac .1. Ceupe htipx^aiix octif cpi pcic 'oo jii chuac.
Octif Fpipn faice meif amnaiscap, na htip^caiji fo vo jac
maijin T)i5ona. • Ocuf if af vo leigi lac, af a ninac a
njnacDaif fbeic] ana piigi 'oogfief.
til p,tiip,e6; acap'oe biT) jiiga .1. p,i 00101*0, ocuf |ii
ep,enn, an aipxxc po foic a fcop, p'&e py\i gac leic, octif
> IwridcbU prtmel. — * *Oistiin ' and 'fnaigin 'Digona' seom to mean the same
thing.
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PRECINCTS.
There was a meeting of the men of Erin at Sliabh PREcmcn.
Fuaid, or Cuilt, in Magh Bregh, i.e. their bishops,
and their ' oUamhs/ and their chieftains, and their
poets, and their sages {literary doctors) y and their
seniors. And at that meeting there was ordained a
precinct of ' seds' for every grade, both church grades
and lay grades ; and this was written by the men of
Erin in the great ' Cas ' of the ancients {i,e. the Senchus
M6r); and this is it, i.e. as- to a worthy lay 'bo-aire*-
chief, the estimation of his inviolable precinct,4.e.the
inviolable precinct of each grade was estimated as
follows : — .
The spear* measures twelve fists between its iron •
head and the place where the horn is put upon
its extremity, i.e. the extremity ^its handle. Now'*ir. And.
the shot of this which the ' bo-aire '-chief casts as he
sits in the door of his house is the extent of the
inviolable precinct of the ' bo-aire '-chief respecting
his 'seds ' ; and the ' aire-desa '-chief has twice this
extent ; and every grade from that up to the king of
.a territory has double it, i.e. the king of a territory
; has sixty-four shots as the extent of his inviolahle
precinct. And it is by the ' green ' these shots are
measured for every inviolable precinct ; and where
I they {the shots) are discharged from is, from the place
i where they {the parties) constantly sit.
\ A king of kings : it is he that has kings, Le.
\ the king of a province, and the king of Erin, and
[ also the ' coarV of Patrick; as far as their 'scor'-lands*
I s xhe spear. — 'Cnaifipech * in other passages would ajypear to mean some soft
t of sledge or hammer.
\ 9 Scor-Umdt.-^^ Scot * is glossed < mag ' .1. ' Clucn n ^ that is, a plain, a meadow.
I VOL. IV. Q 2
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228 fTlaisne.
PB«aHon.pof comafiba pccqiaic, ocuf afi fin a tnaipn 'Oijono.
Ocup If amlaiT) tmibfifio, 'oo na 5ixaT)aib octif ecatlft,
octif ecna, ocuf pliT), ace TMablax) T)e eclaif jlaiii ici[i
pennaic ocuf eip,ic, gin 50 pail 'Diablcro tnaigne-
flo apxxile : mile ceimenn inaisin naiin,no efpuic, no
aibilLceofia, no T)eo|iai 'oe, cif) pji acaif) bete, octif T)d
mile 7)0 jac cocaifi ocaig tiaif^ If mo 'Oijuin na ngpxi*
' necailfi in qxac coclaigic cam im .titi. cumala 'ooib .1.
in 'oecbip, eneclamne fail ia|i in efptic octif na 5iwt6
ecatlft fil paiX), Eti|vab t fin 'oetbtji bef ecufifva 7)0
maigin.
©Smafcc, ainpf, ampatccef , ni fopbfiaT) 'Dijxe ca|i'
paot pfiaif.
Ctf) If fif, ocuf cif) if anpf, octif at if ainctf, octif
ctt if aitgin, ocuf at iflan, a leic |ieif in comai|ice ?
Mm — ^IffeT) If fif ann, a beit a|i comai|ice, octif tx)
fiafi caifvspn 'olige aigi, octif a b|ieic a fiicc cp^ut* in
•Dume fin fem. Octif tfet if anpf ann, a mbfietc a
jxicc c|iuiT) na fiaib pop comaifice- Octif ifex) if atncef
ann, an can nap, p eax) cpo* an 'Oilfi [5] na paib pop
comaipce no 50 ptig cpoT) po bat pop comaipci. Octif
ifOT) If attgin ann, a mbpeic a pice a cptiif) pein,
Octif ifeT) iflann ann, an can if ampf, no if 'omn
cfaptig, no If comaipce bopblacaif.
Wa 'oaine oca ap comaipce, ma po jabfoc XKxme aile
>^ CaikeAral In C 194, 'ccnxnfv acoag* ib explained "a ehurcli in vhlch
there are the three eradea, i.e« a bishop, a professor, sud aa * airchinnech.' **
' In tk§ shape of thai vtry mem*M caUle. That is, lupposiog them to be that man*i
cattle^
* JntJie iha^ of hi* own eaiiU, That is, inppoetng them to be his own cattle,
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PRECINCTS. 229
extend on every side, that is their inviolable pre-jpRECEfcm
.cinct. And so also it is for the church grades, and those
of wisdom, and the poets, but a pure church has
double, both as' penance and 'eric*-fine, though it»ir. Be-
has not double the extent of precinct. ^""^^
Or another version; one thousand paces is the extent
of the precinct of a saint, or a bishop, or a hermit, or
a pilgrim, if it be in the plain, and two thousand
paces for the precinct of every noble cathedral.* The
inviolable precinct of the ecclesiastical grades is
greater when they demand law respecting seven
* cumhals * being due to them, Le. the difference of
honor-price which exists between the bishop and the
ecclesiastical grades that are under him, is the
difference that shall be between them as regards
precinct.
Impotency, ignorance, inadvertence, do not increase
the ' dire '-fine beyond ' faoth forais.'
What is knowledge, and what is ignorance, and
what is difficulty, and what is compensation, and what
is exempt, respecting the protection ?
Answer — Knowledge means'* to know that he is * ir. /*
under protection, and to know that law was offered
by him, and ta take his cattle in the shape of that
very man's cattle.' And ignorance means' to take
them in the shape of cattle which were not under*
protection. Anddifficultymeans^when he was not able
to take the cattle of the culprit which were not under
protection imtil he took cattle which were under
protection. And compensation means'* when he took
them in the shape of his own cattle.* And the case of
exemption arises* when it is a case q/* ignorance, ox •it. /«.
forcible violation, or unlawful protection.
If the persons who are under protection have taken
other persons to them under protection, and if it is
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230 TTlaisne.
pBicDfOTg. cuca ap. comatfice, ace inaf ar a nT)ual5tif petn 0)0 nioc
a comatfice, ijian a r^^titi^, mafi a T)eni fo ; *0i5Uin
jDigona; ni r"«^& T)eoiva a[vaile; x\i 'Otig ne6 pia6
a nT)i5 [tim] amuf.
• • i * . "
TTlar a 'otialstif iti ci aft a pal comaifice 'Do nf fe a
coniatp,ce, if lee eneclann 7)6 ma qxip^tij; octif let
eneclann T)o a r^fitig a pp,immna ociif a mic ^oji, octrf
cfiian nenneclainne 'oo a fx^p^tig a mic faojiletci, ocuf
gai 'Dtiine 'Dia mtiincitx aonciji.
Octif fioia neiftmi fio eafib fiiti on cotnaijice 'Do
'Denatn annftn, octif 'oa moco e, 'Oo hot Ian eneclann
'DOfom tinnca fit)e.
TTla |io aijibeficnaisefcani ne6 'Oia mtiincip, a
comaifice ma egmaif ; mafa vame nac p uil failaccam
timfcaifi fiif, If qiian eneclamne 'oon fiig ma q^fitjg,
octif ni patl 'DO pem ma cafitig aon ni.
Ci'& fo 'Dep.a 50 nac pail ni 'Oo a fafitijoD amaif tim
a comaifice ma egmaif ftmn, octif jona pefi mtimnrtfii 'Do
6, octif 50 ftiil cfiian neneclamne T)o ifm ptic pemaiaif
a fafitig a mic- octif gac 'ouine 'Oia mtiinncip.ma egmaf?
If e an pac ; T)ame nac T)oic 'Do 'duI nocoa ace le
'Decbefief ; if aifi aea ni to ma fafitigh.
If aifie na puil ni t^o a fafitistfD athaif, tiaip. if.
'D01S a 'Dul tiata gin T)eubefief .
CCn 'Dtime roj an 'Oilfei on qlcoifi lafif na fieaib
I Son under his eontroL This seems to be the meaning of ' mac-gofi * here ; else-
where it means **a sLsterV son.**
* For violating them. That is for violatiog their protection.
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PRECINCTS, 231
on their own account they aflford the protection, it is PExcmon.
lawful to violate it, as this rule states : "Sanctuary of
sanctuary; one pilgrim does not protect another; no
one is entitled to fines for the violation of the proteo
tion of ins hired soldiers.
If it is on account of him under whose protection
he is he aflfords the protection, it is half honor-price
that is due to him for the violation of it ; and it is half
honor-price that is due to him for the violation of pro-
tection in case ofhxa first wife and his son under his
control,^ and a third of honor-price foi the violation
of it in the case of his emancipated son, and of every
person of his family in the siame house.
And it was not he (the owner of the precinct) that
ordered them to afford the protection in this case, and
if it was, he would have full honor-price for them. .
If any one of his people pleaded his protection in
his absence ; if he be a person who has no expecta-
tion of separation from him, it is one-third of honor-
price that is due to the king for violation in his case,
and he shall have nothing himself for the violation
of his protection.
What is the reason that there is nothing due to him
for the violating of the protection of his hired soldier,
respecting his protection in his absence in such case,*»ir. itm.
• and because he is a man of his family, and that he
I has one-third of honor-price in the extent of the
'Fenechus ' law for violating the protection of his son *
' and every one of his family in his absence ?
t The reason is : They are people who are not likely
; to go away from him except by necessity ; it is for this
1 reason that a fine^ is due to him for violating them.* » in
[ The reason that nothing is due to him for violating
[ protection in case o/'ahired soldier is, because it is likely
that he will go away from him without necessity.
The person who carried the culprit away from the
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232 fllai^e.
PRwnNCTB. Sin aifigpn 'otige, octir uotaji fait paja nina aile, ife*
po 'oefia a qiaina T).o.
Cain comaifici a caemcete? .1. tiaifi noc piii m
comaitice gin caifigpn 'olige .1. caifigpn T)lise a lei6
p,e qiea6aib octir T^e cneaT)aib, ocuf fie ptiilitoi6| octir
|ie comaifice, ec ailta fimilia.
Setc ctimala vo ftnacc, octif Ian enecUtnn T)o na
huaifti a mafibat) pofi a comaifici, octif a lei do na
hifli ; octif jell na coifipDip.e a laim na comaifice.
Ma htiile cne^a 11111*01, oca baf 50 banbeim, 50
nacgabail an baif, ociif jin ac^abail an banbeim, a
led fmacc buDein Don cothaifice, po aicne ifilno uafail;
. octif in cainmfiamne Da eneclann pein ptiil Don t\ afi
afi pefux in cnet no in pojail, po aicne fiobaij no eifce,
pifiab e an cammfiamne fin Da eneclann pein bep Don
comaifice ann. Ocuf tio6a ptiil Decbifi fioba na eifce
fiif in comaifice tiime in fma6c
Cit) biaf ifin ntifigabait cfiia eif ce 1
Cecfuiime eneclainne Dona htiaiflib, ocuf left enec-
lann DO na hiflib, octif aicgin.
CiD biaf Ifin beogtiin cfiia eif ce ?
TTlaf nafal pofi comaifice ifil, no ifal pofi comaifice
uapail, Da qiian a neneclamne pein do na tiaifiib,
octif a leu eneclann pein do na iplib, ocuf atfic na fee
fitigaDDo mtiin na comaifice in gac ina[D] Dib fin.
TTlaf iftl pofi comaifici ipl, Ian eneclann do ceccafi
De.
> Tkeir own AofMP-|>rtc0.—- Nearly the remainder of the colnmn in the MS. (about
one-half of the whole), is in a different hand.
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PRECINCTS* 233
altar^ after the terms {specified times), without offer pbkotots.
of law, is exempt/ because he could not expect to find • uTrt u ^
him in any other place. p u^"^
What is protection as to reciprocal rights? i.e.,**^''^***
because there is no protection without offer of law,i.e.
offer of law with regard to plunderings and wounds
and blood-sheddings and protection, et alia similia.
Seven 'cumhals' of ' smacht '-fine, and full honor-
price are due to the nobles for killing one under
their protection, and half to the plebeians ; and the
pledge for the body-fine shcdl be plained in the hand
of the protector.* »ir./voiec-
For all wounds, from a death tuound to a white
blow, including the death wound, but not including
the white blow, half his own 'smacht '-fine is due to
the protector,* according to the nature of plebeian or
noble ; and the proportion of his own honor-price,
which is dice to the person upon whom the wound or
the injury was inflicted, according to its nature of
thrust or cut, is the proportion of his own honor-
price which will be due to the protector* for it And
. there is no difference of thrust or cut in the protec-
tion with respect to the ' smacht '-fine.
What shall be due for the arresting by means
of cutting (wounding) ?
The fourth of honor-price to the nobles, and half
honor-price to the plebeians, and compensation.
What shall be for the life- wound through cutting?
If it be a noble that is under the protection of a
plebeian, or a plebeian under the protection of a
\ noble, two-thirds of their own honor-price^ are due
to the nobles, and half their own honor-price to the
plebeians, and a restoration of the 'seds* which were
given on account of the protection in each instance
of them. If it be the case of a plebeian under the
protection of a plebeian^ fall honor-price is due to each.
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234 mat^e.
PfisoDTcm. Cit) btaf 'oeneclann ipn mbeo^am cotncacaij caich
po inbirhafi matna? .1. an cammixamtie oox 'Don ci ap,
aji pefia in cnet, ^up^ab e in cammfiainne ceT)na "Da
eneclann pein bef TKni coniai|ice a pfefvcain cnete pofi
a comaijice.
CC pojUt enecUcmne a ntip,iitiT)tif, mcro cneT) fiobaig
a cam.
Ric caifi'Di octif 7)1151 Digona go qii nonbafia .i. fete
cumaUt jaca laime 50 cpi nonbfl[va.
Ric caip.'Oi .1. ctimal gaca laime co qii nonbtijia a
nT)li5i 'Dijona .1. ma fafiti^aD im a comaifice.
Ric na aicgma co cuicep,, octif flicc floij .1. l
piach flecca floij funT) a n'olige'D TMjona, octif ifi.
foplofgax), octif ni pail a cam nd a caip,T)e.
\
*Oemi pecca6 an eclaif , co n'Oijfir; ejvt faifie 'Oaifie
amailceT), aficix) (1 can mngi mic maichaip, btiite 'OOf
natla lafitini po eia ate) .1. 'oi'one na cincada, no 'oifmi-
chafi na pectacd if in necLaif co n'Oigfic erci, co ngabcofi
peich tiatHx in baile a n'oLejati baf .1. iflan 'Oi in tm-
T)e |ief na fieib gin catp^gfin T>hp a ceccap 'oe, octif
m 'Di'Di lafif na fieib 50 caifigfin 7)1151, octif in T)i'Di.afi
baf octif afi mn'oligi piach 'oogfief. Ocuf iflan '0\ in
lepigax) octif in comajileigenn 'oogfief.
. In citnacal, timoiiiio, octif in 'oicen lajif na jieib gin
caifispn T)li5i, ocuf an vnl ap, cenx) na mbiba amad, if
pach 'oicm in gac nf '01B pn on eclaif. Octif ipac
1 In < Cam^'law. There Li some delect in the MS. here.
• For oftAot/^A.— The MS. is Again defectire in this place, and the portion of
Iriah enclosed fax brackets has therefore been left untranslated.
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PRECINOTS. 235
What shall be the amount of honor-price for the PBKcnrcn.
life-wound of a^man of equal dignity who is in subjec-
tion to any person? I.e. whatever he the proportion
which is due to the person upon whom the wound was
inflicted, it is the same proportion of his own honour-
price that is due to the protector for the inflicting of a
wound upon the person under his protection.
His divisions of honor-price in ^urrudhus'-law, if
it be a wound by thrusting in ' cain '-law.^ ...
The "nmning" of ' cairde Maw, and of the law of
sanctuaryis to thrice nine persons, i.e. seven 'cumhals*
for every hand as far as thrice nine persons.
The "running" of * cairde'-law, i.e. a 'cumhal* for
every hand as far as thrice nine persons in the law of
sanctuary, i.e. for violation to a person' in regard of • ir.JKf
his protection.
The '' running " of the compensation is as far as five
persons, and the track of a host, i.e. the fine of the
track of an army is here in the law of sanctuary, and
for arson, and it is not in 'cain'-law, or in 'cairde*-law.
The church protects sinners,^ so that they come ^ &. ^ m-
out of it free or bond, as they entered it, for although/ "*"'
i.e. it shelters the trespassers, or the sinners are
sheltered in the church until they come out of it, so
that fines are accepted from them where death was
deserved, i.e. it is safe for her {the church) to protect
before the terms {specified times) without offer of law
in either of them, and to protect after the terms witii
; offer of law and to protect against death and unjust
\ fines always. And she is exempt for entertaining and
; advising at all times.
\ As to the escortingand protecting, however,after the
terms without offering law, and the going out for the
culprits {assuming their place ?), fines for protectingare
recot;6ra&Z6 from the church in each case of these. And
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236 maigne.
PBMDrcw. 'Datne iftcm 'Don eclair "oo leogan ap -i. net 'Oo net
'Dlegap ni. Mo, if T3eofia na haiciLfi nofleisex) ap,
octif ni bi a cm piye pofi luce na hecailft. Mo tyno, if
ana naonafi cegatc 'oon neclaif, octif ciagaic oifce a
naonafi, octif if flan 'Don eclaif fin, uaifi 'Dlegafi 'oo
na sfMTDaib placa biaca gin imcomaiic, octif ni 'Dlejafi
•DO na sfiataib peine.
• Ml obann 'Dican afi baf .1. ni obann, no ni 'Diulcann
net 'DO 'Diran afi baf, ocuf ap, inn'Dlije piac 50 caip^gfin
piac, an can "Dlesafi baf.
TTlana ci ai'&bfie'D, octif ni ml biacha, mtina mo na
aon afbche aca ap, eifcepnif 'Don eclaif, an baile a
n'Dlejap, baf 0 ctiaic jabajx peic o eclaif, ocuf ma peic
0 ctiaic, iflan ag eclaif.
peafi cep,'Da, ma picifv, ni ba fuiic peilmic mana bia-
ta, no man ei'oicafi a ctimac pifi leijinn .1. in pep, 'oo
ni an ceip'D mat peigachaip, ma aichaip, in peig aic, na
hae, in potpce'oail, no aichaip, na ae, na alaitan. Octip
no6a mbep,aic cinca na mac bip ag pjlaim poilpecc
aca .1. pognam pui'Dp,i no 'oaopceile 'uacaib p^ p^ na
poglama. Ocup ma mic tifip^ota na haiaib po, no
map ap, 'Dia 'do bepap, 'Dan 'Doib, ni icaic a naicib a
cinca; ocup in can ip ajx log 'Do jnicap^'oan 'Doib, icaic
aicai'Dib.
> During ike term qfthe Uamingy i.e. while they are senring then: apprentioeship
the pupils or apprentices were obliged to do all ^rta of menial work for the master
tradesman, sach as to put out his dung, reap his com, feed his pigs, or do any other
kind of menial work, which was usually done by the * f uidhSr*-tenant, or the
' daer '-tenant A good deal more on this subject will be found in the "Cain
Lanamhna," Ancient Laws of Ireland, toL ii,, p. 842, €i teq.
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PRECINCTS. 237
the persons whom it is safe for the church to let PunscroxB.
escape, i.e. are persons of whom nothing is due.
Or, according to others, it is pilgrims of the church she
lets escape, and their crime is not upon the people of
the church. Or indeed, according to others, it is
alone they come to the church, and alone they go
away, and that is safe for the church, for the chief-
tain grades are bound to entertain without asking
questions, but the * Feini * grades are not bound
It refuses not shelter against death, i.e. it de-
nies not, or it refuses not to shelter one against death,
and from unlawful claims for debts so far as to offer to
pay the debts when death is deserved
Unless demand comes, and there is no refection,
(unless more than one night is allowed as an exception
to the church), where death is demanded of the laity,
debts are accepted from the church, and if it be a case .
where debts vH>uld be accepted from the laity, the
church is exempt
A man of art, if a professor, cannot be surety for a
pupil, unless he has fed him, or unless he has in-
structed him as long as a lecturer, i.e. the man who
exercises the art, if he be a 'feigh-athair* (* the Either
of sharp art'), science, or teaching, or * the father of art,
or science.' And iliey do not sustain the liabilities of
. the sons who are leaining their art with them, i.e.
i the service of a ' fuidhir '-tenant or a ' daer '-tenant is
] * dwe from them during the term of the learning*. And
] if these are the sons of native freemen, or, if they be
\ taught the art for God's sake (i.e. gratis), their
1 tutors shall not pay for their crimes ; but when it is
: for a fee they are taught the art, their tutors shall
i pay* /or their crimes.
I • Z%eir tui^rt ikaU pa^. Before the word ^icoctc,** in the MS., a few w«rdf
oocnr which are rvj dim and seem to yield no intelligible meaning.
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*oo bRcii^ccrriMu^ for Ma huile ctM t)0 m
sac anzac, sioscmcc
OF THE JUDGMENT OF EVERY CRIME
WHICH EVERY CRIMINAL COMMITS,
DOWN HERE.
:• «'. > •• -^
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•00 bReiteccffiNus pon wa huile cim t)o w
^ac ciMT:ac, siosccMcr.
orxvnr Cif tifi fotla pofx atiraib cat ancai 1
^f^ Mm — afecc.
CcfDioc patfi Fcroetrtti ? TTla nepla, tnaf fititLa, ceic
pop, innile T)o beoT)ile no "Oo matfib'Oile. *Oo nach bif on,
a cin pofi ochaifi. If apjititi ma bi ccchatji ceic a cm
Ipofi a bpccchaiji octif a 'Detfibpne. TTlar IxtiUocp'Oe
cona fitircafi pofipa, a 6n pop a ptatch. Ip a raiT)iu
na bt laip, bi* a cm pop, a lepui*, bptiic, ocup bmu
Ip a puiT)iti, mana aptipcap pop a leptiit, biT) a cm
V^ l^^S- 1r '^ ipbeapap, cat 'Oicenn co pi, ap, a 6an
penechtip, vo ui'Dib cmcfoh each cmcaig.
Cif tifv p 0*61 a, .1. eta Im ai\ a niTinliche|i ^fvic 6Ticr6 in ^incoi^ .1.
eifvica6inca VTia neTvta,.i. niorDiaf)6loi'6an fc Hlaf T^utto, ceic
pofv inn lie, .1. eicifv clrv octif innile. "Do nach bif on, .1. manajvoib
annfo6n. CC cm po|\ achaifv, •i. uaiT^ na bt mac, ajviiia n)be6fi'6e
If poifv fu> fiacho^ T^ktfiti cif 06 porx ac1iai|i, tiai|i aca if in coifx p^ine*
o6n bef pine ap. a ann ni po|v cula 'DO fcn^ Ina bi ac1iaiTi» •!• niona
fUMb ouhcnfi on-o. Pofx a bTiachaifVi .1. ofi a ^eatibbrvfitaifi. OC
t>eiTvbpine, .1. getpine, in con na bfo T>etibbTiacaiTi. Pofv a piaich
I Which are f% f — On the left-hand margin of the M&, oppoaite the words
'ooTDiac paif\ poDeifin,' ia the remark 'ti|vaicecc caot fo'; *this ia slender
vraicecht,* or instraction — a reference to some law tract so called.
' * Cotr Fein4 *- jbw.— This was a law of adjnatment by which the Fehie, or agri-
caltoral eUssest eettled their cases of damage and trespass of cattle, &ۥ Vide
C. 37.
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OF THE JUDGMENT OF EVERY CRIME
WHICH EVERY CRIMINAL COMMITS,
DOWN HERE.
How many divisions are there o£' the crimes of o»
every criminal 1 JH^
Answer — Seven. •It.i^kw.
Which are they* upon himself? If he absconds,
if he has absconded, it goes upon his chattels, of living
chattels or of dead chattels. As to him who has them
not, his crime goes upon his father. It is in the case
of him who has not a father that his crime goes upon
his brother, and his ' deirbhf hine '-relations. If they
have absconded so that they cannot be caught, his
crime goes upon his chief. It is in this case, if he has
not a chief, that his crime is upon his bed, raiment,
and food. It is then, if his bed cannot be found, that
his crime is to be upon the king. It is from this is
said, " Every headless man {i.e. tuithotU a chief) to
the king," as the ' Fenechus '-law says^ of the inci-
dence^ of the crime of every criminal. bi,. /^g,,^
How many divisions, ie. how many are they upon whom tht 'eric '-fine
for the crime of the criminal is put, Le. the 'eric -fine for his crimes. If he
absconds, Le. if he absconds without paying. If ho has absconded, it
goes upon his chattels, Le. both land and chattels. As to him who
has them not, Le. if he has them not here eyen. His crime goes upon
his father, Le. when he has no son; for if there was a son, it is npon him
it (the erime) should go before it went npon the father. For there is in tlie 'Coir
Feine*-law,* "As long as there is a famil}' before him, it is not backwards he sues.*
It is in the case of him who has not a father, Le. if there be not afather
theie. Upon his brother, Le. upon liis real brother. His 'deirbhfine'-
relations,* Le. upon his ' gelfine ^-relations, when there is no brother. Upon
t * Derh^/M-rtiathns. For an explanation of this, and 'geilfine,' 'iarfine^*^
vide 0. 984, ei seg., and n. j>. 220, sv^ra. Also, Ancient Laws of Ireland, toL iii|
p. cxxzix., el §tq ; aa4 Mnine^s Early Histoxy of Institutions, p. 208, M seq.
VOL. IV, B
7
I.
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242 Ipofi na htiile 6111.
Or KVBKT 'I* ptaii bif ipofVfan nsebpine cccoriulla omn, ociif n\ h6 if plait no
Gbikie. T>efibpfie, tia no lafipne. If tuca dainnegaix in 6in fiiaflti eo nGnriUfTXiTv
"""" 00 T>efvBpne a Tvo 506 a tigiallti. If aftii'Diii na bi iaif» .1. if -do
ni 0*60 If in na bi plait aige. bi^ a cm pofi a lepui'6, .1. loitim,
nd Ion cm, no ct\ian 6in." TTlana afxufcatx pofi a leptii^, .1. if
t>on looa Ifin, mana cap.|icatche|\ po|\ a lepui'o ^ b I'D a cm popp
fiig, .1. tn'oacin pofi t^ig in cma'o. If 'oe ifbeatvafv cad ^icenn
to 111, .1. If no fioncep. ca6 ni guf na bi d5al cenn ancro if tx) turn in
tii^befuxtid.
Conbeifi anai'D each bfiochaifi co cabefx 'DejibpTie.
Saip:ech each pine. Gip.encach each pine lafi neloT)
ancai^; vo na be T)ei[ibpne poloins caoibpne, no
lafipine^ a pLaich, a p.15, a fiechc ; conp^jac, anvenac^
•Do mmaitieer; anca cat cincaig.
Mach 'oeofiai* 'Oin eincach aplai, na (loich in ecoiL
piji flacha, na bi conafiufroft, uaifi if 'Oiceccaig, 'Oicifi,
vo fioquxiT).
Conbeifi, .1* commbefunct no ooinbefunc ca6 bpActioitt lafx nfc 'oon
mac ocaf "oon achaifv ocaib, no co na bioc icifu Co cabofx 'Dep.bpine,
.1. If caitneihad bft^of gelpine. Sai$T;ecb each pine, .1. apoi octif
i;|u>fcaD pofuxib. ^ifiencacb cacti pine, .1. eip.ni'Dcai pne pacha
larx l6co dlaigte T>on cincad. "Do na be T>eTibpine, .1. mana fioibe
•DOTibpne a|i geilpne aise. Potoing caoibpme, .1. impiilnsic pne
caoib a bfiochajx. Uo 1 alpine, .i. a mic, no aifie bvoein. If aifve
pooetia an po|i, ^efvUpne, ocuf lOfipne font) T^iafiu ceif potif an
plait, ati If aon plait pi pojijia ; plait seilpne imufitio, zm tc ptiiuf •
OC plaich, .1. plait na oeittie pne.
Cat cenn tio gaB a ngiallti no conicpa o ngabail, cafi ni fio gab
' /Will. The contracted words here are onintelligible to the editora.
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OF EVKBT CRIME. 243
his chief, Le. the chief who is oyer the * geilfine '-division which happens to be Of svert '.
there (in existence) ; and it is not the chief of the ^deirbhfine '-division, nor of the . Cbiub.
Marfine^-division. It is on them {the ^ ffeiljine^-rdat ions) the crime is charged ""^
by him before he brings it to the 'deirbhfine '-division from whom he has taken
their pledges. It is in this case, if he has not a chirf^ i.e. it is in these
cases where he has no chief. His crime is upon his bed, Le. half-crime^
or fall crime, or a third of crime. If his bed cannot be found, Le. in
that case, if he is not caught upon his bed. His crime is upon the king,
Le. his crime is upon the king of the province. It is from this is said, "Every
headless man to the king/'le. it is from this is said, that everything that has
not a great head for* suttauwng liahiUty/ar crime, it is to the king it is brought a Ir. Q/I
Every brother bears crimes until the *deirbh-
fhine '-division bears them. Every family is suable. '
Every family is liable to pay after the evasion
of a criminal ; when he has no ' deirbhfine*-division,
the ' taoibhfine '-division bears it {the liahility), or
an ' iarfiine '-division, his chief, his king, his law j
they bind, they pay, they bear the crimes of every
criminal
Every exile now who as a criminal absconds, who
has not gone away in violation of his oath to a chief,
who is not to be made amenable, because he is with-
out possession, without land, is put upon the road.
Every brother bears crime equally, Le. eqnally, or beautifully each
brother, bears it, after it has been paid by the son and by the father, with them
(when they there are euch), or when they have them not at alL The Meirbh-
fine'-division bears, Le. beautifully the * geilfine '-division bean it.
Every family is suable, Le. notice and fasting areto be enjoined u^n them.
Every family is liable to pay, Le. each family shall pay debts after the
criminal has absconded. When he has no 'deirbhfine'-relations, Le. .if
he has not 'deirbhfine'-relations in place of * geilfine '-relations. The *taoibhf ine'-
division bears it, Le. his brother's side-family shall bear it. Or an Mar-
fine'-division, Le. the after family of his son, or upon ihe son himself t^Aa
exists. The reason why the crime goes upon the *deirbhfhine*-division and the
* iarfhine'-division here, before it goes upon the chief is, because it is one chief
that is over them; as to the < geilfine '-chief, now cfncc prius.1 His chief, Le.
the chief of the four families*
Every head (chief) who has taken their pledges or who is com-
VOL. IV. b2
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244 pofi na huile cin.
Or KYKHT ir « cin fxnfv, moma rxxp^fitifaxiv t?ofv a pne ; cat aon itniififio,
^^^^ na fio 5ab ocof na caorhnacccif., m twao a cin piiXi cent caivfitif-
rccfi pofi €c fine.
€C t^i^ .1. Tti]g naTmaite. OC t^echc, .1. T^i]g in cuici^ Cofiiiegacy
.1. camfungec OCftienau, .1. koc ntana ctifnTion^eac "Do nimaifi-
cec cmca ca6 cincaig, .1* vnniaiiunuliefv ofXfia fin na cinva 'oo ni
Sa£anr(x6.
tlacti 'Deo|\ai'D «in cm cacti aftait -i* na£ a|is<i^; nach 'Deotio.
no n66 t>itiTinai'6 6l€tf lOfi n'oenarh ana^D tla |\oich in ecoitpiti
ptacha, .1. moo roit naime T>on jsmt fiabfia narlofta. Ha bi con-
afviifcaix, .1. mana twib fe co catiticoichet^ 6. tlait^ if "Diced-
cot^ "DitiTi, .Mn c1 na t;e6cann innile [na ui|\]. X>o p.ocp.ai'o, •!.
fun^g in bfieiteifi a iml foil t^r.
Cach cin 'oedbip^ 'oo nf 'Duine cenmota mofibob, "oia cofifitif-
caji fccifi, If 6|vic ocrba btt-oein co fto cocaiTOti 6p, octif aifiger)
ocof innile octif a tfp, inn ; ani bif foifv cin 6itxic, if ic v\a fine
amml cobfiomnctic cfi6.
tnona ccq[Vfvcc«cho|i foif,, if fc v\a fine axfi rocaiteth a cifie
fiifi inn, omtiil coififiannoni; cfid.
THcro mafvba* T)etbip,e, cenmota na ceichfie ^ona 'Otiine -oet-
bi|xe in cofitifa pne, ;i. ^tiin in mic -oefibfine, piin •oalca na
fine,5tiin micfaofnia,pjin mic mna pne ; cia cap.tiiifca|v foitx
51 ni TXX|ifiiifT:afi, if ic -oia fine arfitiil coni|iannac cfi6, ocuf
IcaigfOTh cumal aich^ena, octif cuqfitinia ff.i mac no ochoifi,
w) na f6 ctimala •oip.e.
Ci-D afvma* faif, aonap, "oechf od ^ac cm vo gnf DUine cenmota
mofibord mcc6 v\a mbe 05a a f c ?
t4iT) : — CCfv a* ffWf aonafi vb gnicep, olc, cenmota mofiboibt
If fjiif aonafx ^cfaichefv. 5«d ma]\ba* imufifio no gni, ni h6
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OF EVEKT CRIME. 245
petent to take them : for every thing which he has taken, his crime Or xvikt
is upon him, if it cannot be charged upon his family ; oa to ^'""' .
everyone, however, from whom he has not taken a pledge and
could not take it, his crime shall not be upon him, even though
it be not charged upon his family.
His king, i e. the king of the territory. His law, Le. the king of the pro-
vince. They bind, i.e. who bind. They pay, Lo. they pay unless they
bind. They bear the crimes of every criminal, i.e. the crimes which
every criminal commits is visited upon these.
Every exile now who as a criminal absconds, Le. every tf for each,
every exile, or every non-native, who absconds alter committing a crime. Who
has not gone away in violation of his oath to a chief, Le. who hat
not consented to bonds, who is not willing to take the chain of the chief. Who
is not to be made amenable, i.e. if he is not B»placed as to be held account-
able. Because he is without possession, without land, Le. the person
who does not possess chattels nor land. He is put upon the road,Le. the
judge orders him to go upon the road.
As to every crime of necessity which a person commits except
killing, if it is visited on himself, the ' eric '-fine is raised from him
until his gold, and silver, and chattels, and his land are exhausted
for it; what he owes* besides 'eric-fine is to be paid by his •jr, jg^
fiamily, in the proportions in which they divide his property. ^^
If it {the payment) is not found with himself, it is paid by his
family, after his land has been spent in it» in the proportions in
which they divide his property.
If it be a necessary killing, except the four necessary woundiogs
of a person in the * corns fine '-law (Le. the woimding of a son of
the * deirbhfine '-division, the wounding of a foster son of the
family, the wounding of an adopted son, the wounding of the son
of a woman of the family) ; whether it {the means of payment) be
found upon him, or be not found upon him, his family are to pay in
the proportion in which^ they divide his property, and he pays a ¥]j. ^
* cumhal ' of compensation, and an equal share with &ther or son, of
the six * cumhals * of * dire '-fine.
What is the reason that it is upon himsei! alone every crime
that a person commits goes, except killing, provided he has the
means of paying for it* t •Ir. lie
Answer : Because though it be against him alone evil is done,
except killing, it is to himself alone it shall be paid. Every killing
howerer which he commits^ it is not he alone that shall fSkj/or,
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246 po[i i\a htiile tin.
09 vnoKx aonoTi iqptif cia beit 05a, atz ceff t»|i pne; octif ife in pite 6fi ;
CuMs. ^^ ^^ gj^^ i^Q ^^ ^ ^^^ n5 tnaiiWa, if pne tjile ii6.t>efurD
coifipDifie ne6cap. "De, octif fit ba a mac do atctifi unT.
Ca6 citi in-oettMiii ifntijiTio, -do pit -DtJiTie iT?ifi fncfn.ba:D ocaf
cmaiU [tioj^ccitl] if e fccoeifin inn, octif innile. Tnanaca[V|iti|Ta|t
fxnf.in)tiTif.o, mana bo a Ic ann, if (c wa mac, co |\o i:oc(nT;ei\ a
innite, octif a cf|\ inn«
'Tllcma be a (c ann beof,'Vf (c 'Did'achcciji fon coiji coma.
fDona be a f c ann beof , if fc "do 'sat reatlod if nefa co
tWMfc a tnbe oca, co |io torn (c in cintii'6 tiata ; octif if aifie
ictif gad rellac if nefo, tjaifi if imDeicbifi in cin fin bu-oein,
tiaifi na£ 6 t>o ftonfoc in cinai'd.
TTlaD 'Oib 'Oe\ihi^; T)eict)bi|i eta gellcaii; getl-
cop. sola, Itnge fealB fecaib; ffitiiche 'oaon TMoba*;
pep,fx tJefiofiba.
TTla« «i5 T>eitbiYxe, .1. in<r5 "oib oifneicefi ann 'oo na cinccnb
t)6iibiTie. "Oeichbitx cia gettcaiv, .1. if T>eitbi|t cio s^Ucarv a
fetvonn t>e ma cinccnb "Deiibiiie. Settcatx sola, .1. getlcocii t>e 6
on ^ola,on cuite. Luige featb fecaib» .1. curce fjetvonn [ocaf in-
T>ile3 ma cincoib -oeitbiiie. 8n.uicbe -oaon T>ioba'6| .1. if natfle
m zaon fin mdf a •oiba'o feu octif modne. Pejitv fep. ofiba, .1. if
per^li m i»p. fin maf m peiionn in con if an ■oeitbtne*
OC chinra inDcichbiiie tiile icifi mafiba* ocof gon mofibod
a fctiiti inn a|\ cuf , ociif f6 buDein ma T>e5ui'6 ; octif ma
ca imaticp^ai-d ann, a tut ifin ceallac if nefo. Ocof a f.oJa
•Don fine inn6 a T)ilfiti§ fem vo Denac ocuf in fe|\onn vo
bet acti, n6 me in fofionn tk) b^jxat) if in cintii'6; bctif a
fvoga na fine aca fin.
1 Or neglect — The IrisK in brackets is written by another scribe over the word
*anaiU/,' implying the writer's opinion that the reading should be * cm failt> the
neglect' See, however, p. 268, if\fra, line 8. . « .
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OF EVERT CRIME. 247
though he has the means of pa/yvng for it, but it goes upon the Or
family ; and this now is the reason : because, though it were him* *""'
self or his son that had been killed, it is the whole fiftmily that
would take the body-fine of either of them, and not his son, or
father, in the case.
A9 to every unnecessaiy crime, however, which a person commits,
whether killing and otherwise (or neglect),' it is himself that is ac-
countaNe for it {in his person)^ and his chattels and his lancL If
it {means of paym^ent) is not found with him, if he has not the
payment for it, it is to be paid by his son, until his chattels and
his land are exhausted for it
If paym^it is not here even (m ^ «(m'« jKHiMr), it is to be paid
by his father in the same manner.
If payment is not even here (m the faJth»fe power)^ it is to be
paid by eveiy next hearth until it reach what there is of them j
until the full payment of the crime is made by them ; and the
reason why each nearest hearth pays is, because that itself is an.
unnecessary crime, since it was not they that conmiitfced the
crime.
If it is of cases o/necessity •* it is necessity though
pledged There is a pledge as to prison, property
and ' seds' go. This one man is nobler than ' dibadh'-
property. A man is better than land.
If it is ol catt$ of necessity! Le. if it is of these mention is made In tlit
case of the necessary (or imtn^en/ibnoi) crimes. Necessity 'thongh pledged,
Le. it is necessary if his land be pledged on his account for his necessary Crimea
There is a pledge as to prison, le. there is a pledge to redeem him
from the prison, from the pit Property and ' seds' go, Le. iiis land andUs
chattels are forfeited for his necessary crimes. Th%$ one Man is nobler than
*diba dh*-pr operty , Le. this man is nobler than his * dibadh '-property in ' seda*-^
and o(i^ goods. A man is better than land, Le. this man is better than the
land, -when it is a com <^k crime of necesrity.
. 7n all his unnecessary crimes, both killing and not killing, his
movables go first for it {the orime)^ and himself afterwards ; and if
there is an excess {more than he can pay\ it goes upon the next
hearthi And the family have the choice whethei- to hand him oyer
and have the land to themselves, or whether they will give the land
for the crime ; and it is within the choice of the feanily this lies.* • Ir. /a
* If in ii qf cases of neeesiif y.—ln the MS. on the right hand margin opposite
this paragraph, occnrs the note, * CoTitif pne fo.' This is " Corns Fine'* (Family
iMvr.) The paragraph, like many other fragments of text in the present volmne^
appears to hare been originally in metre.
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248 pofi na htiile dm.
Ofbtsrt CCdhinra -Deitbifie mcqfibcct, a fctiitein ofi rtif octif a*ann-^
Cfi^o. ^u^Ijq ^|^„ •oegtii'd, octif 6 fern ma •oejui* pte ; ocop tna ca
ifnajficnaii5 omn, a '6til a|\ cni^efi wa seilpine.
OC cinixx Deitbiiie seen niaixbcr6,a fcn\tt ititi ofi mf, ociif a
cm'Dfcuiche ina 'oegtii'd, ociif af e ipein in a 'oeogtii^ T^^S;
ocof wia ca lomqxqfuw-o ann, a •dbI ifin cellad if nefo piicic
ccnn.
Ctd |X) 'oefio a cinca T)6itb!fve cen nianrb<r6 -do •doI ifm ceUac
If nefo, octJf a cinca •oeitbifie mafibca vo •otil ctfi ctii5e|i na
geilfine?
If e in fofc fo 'oefia ; -oa fefica beocnecrt ai|\, tkx mbet w|\»
tiai|ifi t)ei|iic na beocnei^e fin gon toichem gan cobach m
can If nicqfxb e, if e in ci if nefo no befxo^ 6. Coifi no
•oeifi^e a dinca -oeitbitie gan inariba6 -do •out ifin cellach if
tiefo; ocuf -oa maixbca 6, -do befioD gac fep, -do cui^ep. na
geilpne nfip-cmniif "oa coiyipDifie. C6i|\ no t)eifi'6e in citi
•oeitbijxe matibca t)o bia6 aigi ciama* ap, ctJigefi na gelpne
•DO T)echfaD.
Ci* fo Dqxa a anca in'oettbifve iciyi majiba* ocof gan
mafiba^ do -Dal ifin cellar if nefa?
If e in far fo -oefia ; -oft mbeit -oiboi^ aije, ife in ci if nefo
DO fio bejioo 6 ; c6ip, no Dein*oe cia no Dechfa a cinua inDe-
icbi|\e tiile, icifi mayibaD octif gon mafibat, ifin cellach if
nefa
Ifeo If cin inDeicbifie fann cin coThfiaiTO. Ife* if cin Deit-
bifie ann if in cofitif fine cin anpic, no inDeicbifie cop,ba.
If loji limfa T)e log pp. if a paill pacha.
.1 . If lo|i linifa De fin, a log do ffadaib in fip. do tiig^e in foitt.
> Nece$iory profit^ThA Irish means *' aanecessary profit," which is plamlj a
mistake ol the scribe.
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07 EVERT ORIMB. 249
Asto]^ neoessary {or intentumat) crimes of killing, hia movable Or i
property goes for it {the erifne) first, and his immovable property ^°"'
afterwards, and himself after that ; and if there be more to be paid
in the case, it {the excess) goes upon the five men of the ' geilfine '•
division.
In the ease qfhiB necessary crimes, except* killing, his movable * Ir. WUk-
property goes for it {the crime) first, and his immovable property ^^'
after it, and it is himself after this ; and if there is more tobepaid,
it goes upon the nearest hearth that happens to be there.
What is the reason that his necessary criines, except in ease of
killing, go upon the nearest hearth to him, and that his necessary
crimes in case of killing go upon the five persons of the 'geilfine '-
division!
The reason of it is : if a life-wound had been inflicted upon him,
if a residue of the 'eric'-fine of the life-wound had remained
unspent or not recovered at the time when he is dead, it is the
person nearest to him of kin that woidd take it. It is proper
accordingly that his necessary crimes, except* killing, should
go upon the nearest hearth; and if he had been killed, each
man of the five men of the 'geilfine '-division would take
a portion of his body-fine. It is proper accordingly that the
crime of necessary killing which he might have incurred should
go upon the five men of the ' geilfine '-division.
What is the reason that his unnecessary crimes, whether
killing or not killing, go upon the nearest hearth t
The reason of it is: K he had ' dibadh '-property, it is the
nearest person to him that would take it ; it is proper accordingly,
that the whole of his unnecessary crimes, both killing and not
killing, should go to the nearest hearth to him.
What constitutes^ an unnecessary crime in this case is an ^ Ir» A.
intentional crime. What constitutes^ a necessary crime in the
' Corns fine '-law is an unintentional crime, or a crime of necessary
profit*
Sufficient with me' accordingly is the value of the
man by whose neglect the debts are incurred.
That is, sufficient with me, accordingly, is value of the debts
of the man who committed the neglect
■ Suffdtnt with me, — On the left-hand margin of the HS. opposite thia frag*
ment of text occnrs the notice, **Ccnn Cofimcnc fo^ ocof if gacifhoiu'* ** This
ia Connac*a *Cain*-law, and it is akin" (related>
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250 pofi na huile cin.
<^;«^«*T tofort ant»ir, no ni'oettbifie rofiBa fo, octif t)o nithefi
°°* rfiocoifie |iif , o |vo fia tan in mafibra, conA c^ic rccifwf ;
ocuf nocha Doncofi rp.ocaifi6 fiif co fio fia Ian in mafibca.
T^t cin 'DO gni "otiine qve in'oeir^bifi cofiBa, ci^ mo, cr6 U$,
ct^ cuqfinma inna^ if a ^nl f^n inn mana M 6t|Xic oca, co
n'Defina log fedc ctimall tk) fo^ntini.
Tna^ in6 inna, n6 m6i cuvfitifna fp,if, noda n'oefina log in
ttrtntik meet luga in'oa. Ce bet eijxic oca infVi mar) mo in'oa
p^n in cin "oo s^e, it; re6u ctimala tia:6a inn a qfiocoifie ; a
eqvocoifie imnfifvo, Ion ic in ana6y wa mbe oga.
La qio ctnUe^ naiqie&nai
.1. If mo eifeig na fedc ctunata, lofco* corhfiaire 6, octif
T)eotiai'6 fp^ecaif. in T)tiine, octif fio icta a fefe cumala coifipT>i|ve
|v6 flait,octif atedccumalapeinne |ie hectaif, octif a m cumail
caiii'DO 5a6a leite 'oo na ceitfie leice ; ocuf fe do mafvba6 ma
cinra cotiifiaire. Octif a T)ei|\ if in cofip, boto* each ma dinai^
•1. eibliD each ma cincaib comp.aicein con na pojoib 6itiic.
Secc cumala fop;nech loifcef me anpor, no a log [fogntitfia]
•DO 'D^aih, ma cnqfiama ffii log fe^ cumata, no ma m6 naf
miUcefi ; ma luga imti[i|xo mnaic fecc cumala miUreyi ann, if
a ce|vrlog TMC.
CCf. qfiocaifie ann fin, ocuf ni ceic a dm fOfi pne in gcein bef
in cf TK) fioinni a(i aifiT), no o ca|i|itifca|\ fai|v In ran na bi
neccaf, -oe, if ann zhz fof. fine, ocaf icaic na fedc ctimala.
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OF EVERT CRIME. ' 251
This is a caee (j/'burning by inadvertence, or unnecessary profit. Of bvxbt
and leniency is exercised towards Lim, so that when it {the "'*"*
fin^ reaches the full cmumrU for the killing, it goes not beyond
it ; and leniency is not exercised towards him until it {the Jmi)
reaches the full amfrntd due for the killing.
Ab to every crime which a person commits for unnecessaiy
profit, whether it be gi^eater, whether it be less, whether it be
equal, he himself goes for it, if he has not * eric'-fine, untQ he has
performed the value of seven ^ cumhals ' of service.
If it is greater than, or if it is equal to him, he does
not perform service equal to the amount due for^ the crime^ if it ia *Ir. Vahe
smaller than himself. Though he have the ^ eiic'-fine^ however, ^-^
if the crime which he commits bo greater than himself, it is
seven 'cumhab' that are dtte from him for it, in case leniency
is shoum; the severity of the case however, is, the full payment of
the dime, if he haa it.
.To death dwellings add.
That IS, this is more than seven 'cumhals,' it is a wilful
burning, and the person is an outlawed stranger, and his seven
' cimihals' of body-fine have been paid to the chief, and his seven
' cumhals' for penance to the church, and his two ' cumhals' for
* cairde '-relations to each side of the four 'sides; and he is to be
killed for his wilful crimes. And it says in the text^ J^yerj^lt.B^.
one dies for his crimes, ie., every one dies for his wilful crimes^
when he does not get 'eiric'-fine {is not allowed to compensate
ly paying * elric^'Jine).
There is a fine of seven ' cumhals' imposed upon a person who
bums by inadvertence, ox he is U^ perform the value of it {tJie thing
humed) in service, if what has been destroyed bo equal to the
value of seven * cumhals,' or if it be greater ; if what has been
destroyed in the case be smaller than seven ' cumhals/ it jis its
exact value that is to be x>aid.
This is for leniency, and his crime does not go upon his family
as long as the person who has done it is forthcoming, or when
it {tlic fi/ne) is found with him. When neither of tliese is the
case, it is then that it {the fine) goes upon the family, osA they
pay the seven.* cumhals,',. ...:... , ^
t An ouUcuDtd stranger. — ^For the meaning of thie term, vide Ancieut Lawa of
IreUnd, vol. 8, K^ 881, 383, and noU 1, p. 382. .: ;.
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252
pofi na htiile cm*
Ofstsst
Crdck.
Sac ttaifx If lofccTD cofhfionce if dfa iiti* necc. ^ac uaifi if
lof ccr6 cmfotr if clia loqfiac ncnle. Cad naifi if tno in aitgin
no Ian in mofiBca, -do nica|i q[i6cai|ie fie ti|ifur6 itn Ion in maf.-
bai* vo ^abail uata; ocuf amtiilT)o nfuep, |ie i]|ifia'6, if omliii^
•DO nfcep, fw 'oeo|\ui'6 ocuf |\e nitif^tip.t;a ocuf |ie T>ao)\.
Cofca6 cmfoir; no in^eitbifie TX)f.ba fo ; ocuf qfiocoifie no fiinne
|iif cin •otil ra|i Ian in map^bra, rafi fecc cumala onn fin. Ifi
in cfiocoijxe '•011506, no cim'Oibe aneich 'oleSofv onn.
•OeittHf. it:i|i 'diIjo* ocuf cinroibe : -011506 .1. cm onpoic no
inx)eitbi|ie ecoiiba ffii fine ; ocuf nni'oibe cm onpoiu ffii edcoix
fine.
CCir;h5in if ini loifccefi cfie inT)eitbifi cofibo, no mono ratio
foifi ofi mhz na oitsino, nefibi 5tuxcia, ap-omocha vo lof co, if
e fern inn no feoc cuihalo. THW cftio conifiaice imnfip-o, if Ion
•oifie to oitsm inn ; ocuf f.irh fO|\ on -oi^xe co vfii feoca beof .1.
Ian •Difie ociif let "oiTie ocuf qfiion -oifve.
CCchc ctim ae cccaic ceiqie 5011a 'omne 'Deitbifie twro
eitlnec coimge laime, jfit
.1. CCra accliw onn., on oei, no otvoi'De co fuilic ceitixe-ooine if
•oeitbif, "DO 5tiin ; ocuf nocho cabtiift eillne6 cintiit ofx nech cm
CO 'oefino comoige no cotfimap^coine xiiu olceno o laifh.
1 n'oi5ail fi|i 'Dep.bfine, coifip-otiie ocuf eineclonn 'olegoir in
fine in a map,bat ; occ mo-o vo tiiacc on eifiic -ooib fiiofiti -do
1 A new clean Jramc^Vot *ctta' of the text, O'D., 590, reads *clioe,' 'a
hurdle.' This was required when the building had to be Kstored, and upon new
ground altogether. For sundry regulations on this subject, vide O'D., 590.
* Cwijmfoivm is mads.— On the right-hand margin ol the BIS. opposite thii
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OF EVERT CRIME. 253
Whenever it is an intentional burning it must be a new clean Of zvxrt
frame. ^ Whenever it is a burning by inadvertence, it must be a .«_ '
frame upon the site of the former. Eveiy time that the com-
pensation is greater than the full fine for the killing, leniency
is exercised towards the native freeman, as regards acpepting
the iwYLfine for the killing from him; and as is done to the native
freeman, so it is done to the stranger and the foreignei^ and * Ir* Sta-
the ' daor'-person.
This is a burning by inadvertence or for unnecessary profit;
and it was leniency that was exercised towards him in not going
beyond the full {penalty) for the killing, beyond seven 'cumhals/
in the case. The leniency is forgiveness, or curtailment of what
is due of him for it
There ie a difference between forgiveness and curtailment:
Forgiveness, i.e. a crime of inadvertence or unnecessary profit
against the family ; and curtailment, t.e. an unintentional crime
against an extern family.
Com23ensation m made* for what is burned through a/n idea of
necessary profit, or if it {tlie penalty) falls not on him according to
the greatness of the compensation (verbi gracia, to bum Ardmacha),
it is he himself that goes in lieu of it, or seven ' cumhals.' If it {the
burning) is done intentionally, however, it is full ' dire'-fine, with
compensation thai is paid for it ; and the ' dire '-fine is to advance
to three 'seds' besides, i.6., full 'dire '-fine and half 'dire '-fine
and a third of ' dire '-fine.
But there are four necessary woundings of a
person^ which defile not the purity of the hand, &c.
That is, I make an exception' in the case, for, or because that there
are four people whom it is necessary {orjustifiable) to wound; and it
does not bring defilement of crime upon a person though he does not
preserve purity or lenity towards them in general from his hand.
In avenging* a man of the ' deirbh-fine '-division, it is body-fine
and honour-price the family are entitled to for the killing of him ;
but if the ' eric '-fine has been paid* to them before they effected the * Ir.
commeaUry, oceim the note, '* ui\aicecc caol mb«c ; slender little *uraicecht'
Cinstrnction).'*
1 1 make an exception, — On the right-hand margin of the MS., opposite this
commentary, is found the note, **coTiu|» pine" : (family law.)
« In ao^ngmg, — This was where the family of the slain man slew the slayer,
or some one in his placsi
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254 pa|x na haile 6id.
Of bvkby ixignifer; in •015011 p|\ ■oeprbpne, iccrt in pine coi(ifyDip« ocuf
^»""' eineclann ania6 po caqfitima.
TTflona cofifxacc on 4ifiic -ooib eiciyi, fiiapti do |ifjnefecin
TM^aity ocuf cap-^uf -Dlise* DOib, coib^ec coifipDifie ocuf eine-
clann eoiTipxi t^ein rail po ctiqiiima, ocaf fioinniu ecu)\t\a po
te^cn|iT)e 6 .1. ochaifx ocof mac lee DOib •oinai^x.
TTlana ro|ifia6c, no mana cap^guf *Dli5eT6 •ooib luifv, octif ni
uofVfuxcc in eifiic -ooib eicip, |waf m tm) p-ignif ec in -oigail, if flan
'DOib e CO ufiion, ocaf roib^ei; qfiian ainuig, ocuf ix)ib5ec tkk
Cfiian ecafifiu fein call fo comaifi'De; ocuf coih|U)inni:etx euu[i|it]
fwn po lecaip,T>e .1. ccuhai|i ocuf mac lee •ooib 7[\t.
Octif If T)oib If tM^ail pfi •oefibftne 6 t)o ctiigefi na gelfine. Wo
T>ono, comob 'oigailcoifi'Dosacaon -do T)leifit fogail emeclainni
ma ma|vba6«
t)i5ait 'oalca na pne.
.1. In -oalca oc«f in gotimac. \l<ytla emeclainni Dlegaic in
fine ma map.ba6 fi-be ; ocof mar) x>o iiiacc T)oib na fogla
emeclainni -olesaic |iiafiti t)o fionfac in •oijoil, icaic coip.p-
•Difie ocuf eineclann amach fo cuqfiuma.
TTlana cofi]\acc •001b na fojla emeclainni •olejaic fiiafm
•DO fionfac in -oisail, ma cap^^uf -oliseTft Doib, if comafiDtig cen
ffiichipe luifi in coip.pT)ii\e ocuf in emeclainn •oleagafi t)ib,
ocuf na pogla emeclainni •olejaic; ocuf ci-6 be T)ib oca mbe an
ima|iq\tiiT), icaig fie ceile.
TTlana cayi^uf Dlise-b T)Oib leip., octif ni copjiacc -ooib na
pogla eneclamno •olegaic ixiaptti vo ftonfor: in Digail, iflan
*Doib 6 CO fitnge a rfiian, octif comap-Dug icip in -oa rfiian
coiftp-Diiie •olejaii Dib, ocuf na po$^a eneclamne ; ocaf cit be
•oib 05a mbe an imatxcpuni, icaT) fie ceile.
*Oalca coiccenn Don pine tiile fin ; no c\i) Dalca Daon Dtime
Dib, e combet pogail eneclamne do ^ac pp. Don pine ma
> The tiiiet't ton. Vide note 1, p. 230, supra.
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OF BVKRY CRIME. 256
avenging of the man of the ' deirbhfine '-division, the family pay Of Ky*Rif
body-fine and honor-price out equal to it. *
If the * eric *-fine had not been forthcoming to them at all, before
they took the vengeiince, and law had been offered them, they levy
body-fine and honour-price among themselves within equally; and
they divide it between them unequally, i.e. father and son have
on^half' by right ' ^ A^^i^^T
If law has not been given, has not been offered them at all, and
the * eric '-fine has not reached them either, before they took the .
vengeance, they are safe as regards it to a third, and. they levy a
third outside, and they levy two-thii-ds equally among themselves
within ; and it {tJi6 * eric ^-fim from outside) is. di\ided between
them unequally, i,e, father and son have half, dsc.
And those to whom belong the avenging of a man of the
*deirbhfine '-division are the five men of the ' geilfine '-division.
Or, indeed, according to others, that avenging was proper to every
one who was entitled to damages in the way of honour-price for his
being killed.
Vengeance for the foster child of the family.
That is, the foster-child and the sister's son.' It is damages of
honour-price the family are entitled to for the killing of these ; and
if the honour-price damages to which they are entitled reached
them before they had taken the vengeance, they pay body-fine
and honour-price out equally.
If the honour-price damages to which they were entitled had not
reached them before they had taken the vengeance, and if law has
b^en offered them, there is to be an adjustment without repiisal
between the body-fine and the honour-price which is due from them,
and the honour-price damages which are due to them ; and which-
ever of them has the excess, let them pay to the others.
If law has not been offered them at all, and the honour-price
damages to which they are entitled have not reached them before
they have taken the vengeance, it is safe for them as* far as a third,
and there is to be an adjustment between the two-thirds of body-
fine which is due from them, and the honour-price damages ; and
whichever of them has the excess, let them pay to the others.
This is a common foster-child of the whole family ; or though he be
the foster^shild of any one of them, there are honour-price damages
due to every man of the family for the killing of him. That is.
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256 pop, na htiite cin.
Ofsyebt fnafib<r6 .1. mac paoftna vo gelpine, no th) 'DeitiVpine fin, no
fl^ Cii) mac paofma Txnnpine, co mbeich po^otl emedainm vo gad
pti T)on pne ma mafibo^, moro fio baDOfi uile a|i oifXT) 05 a
Sabail.
Of T)ia ctnti'Dcefcafi ctiige a eijiic, fOFOcatfifeom 'Dia
fine eifiic laif jfil.
Of T)ia .1. Of ati ocof , mcTD ina cumnciclietv a etTvic dtnge atv amnf
in CI '00 tiigne in T>i5ait pip. 'oefibpne. Popocat tvf eom .1. afi{H)5Tun'6
feorh ^ia fine fMiwc laif.
1 nxMscnl fifi "oetibfine, ace ma 'Do[c]ai|i5enn fein a Ion
omachy ocof fio fogaif. -oia fine ic laif, ife* 'olejafx a gabail
tiota, octif flan vo zafi 6ifi.
tncro f^ elofoaf-ftiTh af a hoitle, ocof ni|\ gaba* no*,
octtf fvo icfac in fine a ctm; xxt(i eip ; in xxa\ cisfeom |ie 'oligerdi
ictif6 cnti^n a toza gan lof gan af gonn inofibaifir.
THoo DO [c]ati5ai'6pTh fein a Ian amoc, ocuf nifi pojaiii
■oia fine fc laif, octif fio eloi'Dforfi, ocuf fX) icac in pne a
6tiic rafi eifi, in con T:i5ftm fie -Dliset icai-o aitgin a coca 50
lof, ocuf af, ocuf mofibaific; ocuf icait Ian eineclonn in
feictieman if fcfifi -oon fine; ocuf ixoinniT; ecufi|iu 1 fo comaifi'oe
no fo letaifi'oe. Ocuf eineclann gan leicfin ^loitue fin ;
octrf If ff fin in T)a|vx eineclann 1 coyitif fine gan leicfin
elaigce. Ho •oono, if HUrb in feicheman if fCfifi -oon fine fio
leice ann, ocuf in don eineclamn fin Die |iif, ocuf a bfieir
vo aonofi; ocuf bioo in Dublad fie caob, cm co cug afi aqiT),
ocuf bicro eineclann T)o gac pfi Don fine if a h^lot fio leiccD
onD.
C. 893. CaiDe Deitbip, ectififiu[f 0], ocuf in baile aca, ' pal fine Ictif a
O'D. 994. caiche [co|io niccbafv fa each fee fio nice co na f omume] nf t^v
O'D. 994. a ndifiem Doib feifi gleic na mef [na icb m cip,e].'
1 0/hU *ene*->&te.— That is, the <eric*-fine of the man who has-been alain in
ATenging the man of the * deirbhfine *-division.
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OF EVERY CRIME. 257
this was an adopted son of a *geilfino '-division, or of a 'deirbh- Of bvbbt
^ne '-division, or though he be the adopted son of an ' ainfine'-
di\'ision, it is the rule that there are honor-price damages due to
every man of the family for the killing of him, if they were all
present at {consentuig to) the adopting of him.
And if ' eric '-fine is demanded from him, he calls
upon his family to pay * eric '-fine to him, &c.
And if, that is, *os' for ' ocua,* Le. if his 'eric*-fine is demanded of him, of
the person who has taken the vengeance for the man of the ' deirbhAne '-division.
He calls upon, Le. he calls apon his own family to pay him truly.
In avenging a man of the ' deirbhfine '-division, in case only he
himself offer to pay the full penalty out, and he has given notice
to his family to pay him, what is due is to receive it from him,
and he is safe afterwards.
If he has absconded afterwards, 'and it {payment) has not been
accepted from him, and the family have paid his share after him ;
when he submits* to law, he pays compensation for his share, with- « ir. C9m€9
out produce,* or growth, or increase.
If he himself has offered to pay the full arMmnt out, and has not
given notice to his fiimily to repay him, and has absconded, and
his family pay his share after him, when he submits* to law he
pays compensation for his share, with produce, and growth, and
increase ; and he pays the full honor-price of the best creditor
of the family {the best tnan among those who paid /or him f) ; and
they divide it between them equally, or unequally. And this is
honor-price without having absconded; and this is the second
honor-price in the * corns fine Maw where there is no evasion. Or,
indeed, according to others^ it was evasion from the best creditor
of the family that occurred in the case; and this one honor-
price is to be paid him, and he alone is to take it; and there shall
be the double besides, though he brought it forward ; and there
shall be honor-price for every man of the family from which he
has absconded.
What is the difference between these, and where it is saidf ** The
limit of the dtUy of the family which pays his (a kinsma/rtfs) tres-
passes, until they are paid back every 'sed' which they have paid,
together with its profit, the grazing of the grass, nor the mast, nor
the com of the land do not go into account against^ them." * ir. #br.
•Produce, 'Lojs' means produce in the way of calves, batter, &a, 'af,' growth
of the body of an animal in size, flesh, Ac ; * mofibaifxc,' improvouient in geneiaL
VOL. IV, 8
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258 ' pofi na haile cm.
Or K^'XBT CiT) poDefia |X>iTneilT; in |:e]xainn "do t>i]1 a no^aig na einectoinni
Cbouc ^|^^|.,„^ octif x\at reic ann f eo ?
If e in fccc fOT>e|\a; vo tua\-6 in •ouine afi in petuxnn onu
fin, octif nocha T)echai'6 onn feo ; octif afi eigin fio ctnyie in
■'Doine -Don fefiann onn fin, octif -oa •oeoin fein r>o tua\t rye
annfann.
Cep — Cif lifi cofiannoc cfio octif TMbcro f Win —
Cechjiafi; .1. ochaip. ocuf mac, bfiochaift octir P^^-
Cef — c^f tiTi, .1. cefcoim no oomcnixam cio lefi no aa Un tcip. a
finfklioinnceix cfvo, coififroiixe, ocuf 'oibcro fee ocuf maoine if in cellach
If nofo. CCchaip., .1. aifi vein. TTlac .1. a mac fein. bp.achaMx,
.1. in T>eaTit)bTiocchon|i. Pine, .1. in geitpne.
TnoTD ca mac o^ in 'Dtiine if tnafib onn, iff cumal aitgena ^o
t>fveit "DO oonaf^ ma inai|ienn ; ocuf mona maitxenn, if a bfieic
•Dia achaifi; mona maifienn fitein, if a %ei6 Dia •oepfibpxx-
rhaiii ; mana maiyvenn fem, if in d if nefo T)ia bfieic. If
Offiloi^ coinp,oinnT:ifi in cai|ipT>ip,e ; qftf cunmta "oif^ x>o mac
pcuf "DO ochaifu T!)aic rfii cumala X)ip,e ann af a haiule; cumat
^i|ie "Dib "DO "Deiibbfiachaifi, do caoib. CCcaic "oa cumal T)i|ie onn
af aaichlefite; cumal 'Oip.e 'oibp'be T)0 mac ocufoochaip,. CCca
aon cumal "Diixe ann af a aitle fin. CC f.oin'o fein 6 ta in fepi
iaccafia6 in geilpne co xioige in fcfi datcaxiat, ocuf 6 u& in fefi
6a6ca)\a6 co fitiige in fcfi faccap,ac, 7p,t.
^ne eile. Cach cm co cmuach 71 it.
.1. cein bef cincafe afi dip,*© 1 cjifcb vo BP-^f, noco n^ead a cfiic
cona f ^naib, co |io leice eloi6 in feiclieman coiche-oa, nocha
T)ifiinbl6o[5a]in bfiachafi, no inble56in fiadiaTKisfia, adccoicheo
aifi fein fo ai^ne a gp^ai-o.
TTlai6 f.0 cudit in cincac a cfiich cona feraib, no c\x> 1 qiicb oca,
ma6 fio leictifcafi 610*6 in feicheman roiche-oa, ace maD za^z
f eoic a|\ ai|ix) ai^e 1 qxich, if a fioga in feicheman uoicheDa aca
in ocgabail ^ebuf no in inblegdin fiarba aije^iiif.
1 The lowest mafi. — ^The original transcriber remarks hero: vo g^tkcip, m6riun
flecu aignofa atix fin a c6p,uf pine md^o bionn gnoite asoD i^if, ocuf
mail ixoib, cdp. bee fin — ** You will find many kinds of argument upon tiiis in the
lamily laws ('corus fine*), \t you have need of them, and if not, ia not this eaoogh?**
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OF EVERY CBIBCS. 2;) 9
What is the reason that the use of the land goes {is set) against Ofsvb&t
the honor-price in that case, and that it does not in this I ...»
The reason is ; the person went upon the land in that case, and
he did not go in this ; and it was forcibly the person was put off
the land in that oase^ and it was voluntarily he went off it in this.
Question, — ^How many are they who divide the
chattek and * dibadh '-property ? Answer. — ^Four;
father and son^ brother and family.
Qaestioii.-.Ho w manj, Le. I questioa or I aakKowmany or what is the num-
ber between whom is fairly divided the chattels, body-fine, and the *dibadh '-pro-
perty, 'seda' and goods, in the nearest hearth? A father, Le. on himself. A son,
Le. his ownson. A brother, Le. the real brother. A family, Le. the 'geilflne • :
dirision.
If the man who is dead in this case has a son, he takes the
' crunhal ' of compensation alone, if he be alive ; and if he is not
alive, his father is to take it ; if he (the father) is not alive, his
brother is to take it ; if he (the brotlier) is not alive, it is the neai*est
person to him that takes it. It is tJins the body-fine is divided :
three * comhals ' of ' dire '-fine go to the son and to the father. There
are three * comhals' of * dire'-fine remaining after that; a 'comhal'
of * dire '-fine of them goes to a brother, collaterally. There are
two cumhals of ' dire '-fine still after this; a ^cumhal' of ^ dire'-fine
of these goes to son and to father. There is one *cumhal* of * dire'-
fine there after that. That is to be divided from the lowest man of
the * geilfine '-division untU it reaches the uppermost man ; and
from the uppermost man imtil it reaches the lowest man, &c
Another version. — ^Every crime to the criminal, &c.
That is, as long as a criminal is openly in the territory always,
and has not gone out of the territory with his 'seds,' until he
absconds from the suing creditor, it is not proper to sue a kinsman-
brother, or a kinsman-surety, but to sue himself according to his
grade.
If the criminal has gone out of the territory with his ' seds,' or
though it is in the territory he is, if he has absconded from the
suing creditor, but if he has * seds ' openly in the territory, the
suing creditor has the choice whether it is a distraint he shall make,
or whether it is the kinsman-surety he jshall sue.
VOL. IV. 8 2
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260 pofi na htiile diti.
Of evert |sJo Dofio, CO tia bet a fvo^a -06 a6c odgaboit T)0 s<Kbail, tiaf|\
ijpe6 a Deifi : 0 c\x\zat co polai'o.
THaT) fio ctjai'D cinrad a cfiich co tia fecaib, tio crt a qxich
oca, tncro |vo leigtifcqfx 6Uyo in peichemcm coiche'oa, ocuf nf
huilii; feoiu ai^e iftn cfiich, if a fio§a in peicheiiian coicheTja
oca, an inblegoin bftcrchafi no in inblejoin ficrcba ai^eftuf.
Cit be -Dib agfvaf , if leif a fioja ; aoc ma fe a fioja inblegoin
bjiccchap, T)a5|xa, ica in nilerai'oe mle fiifin icifi; ocuf ma fe
aiioSa inblegoin fiocha •oosixa, nocha nicann ace cejic ait^m.
CiT) ixyoejia gach tiaifi if 6 a fio^a inbleo^ain b|iata|i TKigfia
CO nicratv in tulecaiDi fiif , ocuf ^ad tiai|x if e a fioga mbtejoin
(loctia "oasfia, co na iccafi fiif a6u ce|ii: aicgin ?
If e in fat fODefia ; inblejoin fiacha nochafi ^abtifcafi fite -oo
laith ate ic no cobach, coi|\ cm co ica ace cefiu aitjin ineche fiif
1 n-oeachait, no gop. leige* fen elot. In cinblegoin b|vatai>
imti|i|io, nochaf. 3abufca|\ fi'6e do laim fc na cobach, ace amtril
na ivoifi dtiige, ia|i ceimennaib; octif c6ifi cia fio (cam titlecaite
tiile; tiai|\ -oubta cinuaig ifet aichgin inblegoin.
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OP EVERY CRIME. 261
Or, indeed, according to outers, he has not his choice, but he shall Of syxbt
make a distraint, for what it {Uie law) says is, " from a criminal '""^
with property."*
If a criminal has gone out of the territory with his ' seds,' or
though he is in the territory, if he has absconded from the suing
creditor, and he has not ' seds ' in the territory, it is with the suing
creditor the choice is whether it is the kinsman-brother or the
kinsman-surety he shall sue. Wluchever of them he sues, the
choice is his ; but if it be his choice to sue the kinsman-brother,
he pays the whole amount to him ; and if it be his choice to sue
the kinsman-surety, he pays but proper compensation.
What is the reason that whenever it is his choice to sue the
kinsman-brother, the whole amount is paid to him, and every time
that he chooses to sue the kinsman-surety, proper compensation
only is paid to him 1
The reason is : — ^The kinsman-surety only took in hand to pay,
or to recover, it is therefore proper that he pays but the proper com-
pensation for what he guaranteed, untU he himself absconds. The
kinsman-brother, however, had not taken in hand to pay or recover,
but as it has come to (or upon) him in turn ;* and it is proper that • Ir. A/Ur
ho should pay the complete whole ; for double the criminal's dAi is *'^P**
the compensation of the kinsman.
^ Wiih property. — ^The Irish may mean, also, '*From a criminal to property.**
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ceD ccM peccRccNN a citiT:ccib.
THE LAND IS FORFEITED FOR CRIMES.
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xx^v ocM peocfiocMM a ciMCOcib.
The LA2fD CCcdim "oa pa-D 50 zev an peai\ann a cinraib "oeibiiie
IS FoRPEi- Q^y|. in-oe^bipe ciTiT;ai[5], ocuf pof a cm in inbleosoin,
Crimbs. ma|i a "oeiji an cumapc •olirhe fo. Octif a •oeipim na
puit T)o "Deicbiji mi\ cm •Dccbipi octif m'oecbipi a& 50
^pe'oai'o an pr\Q gan an peajionn "oo r;abaiiit; a cmca
mT)e€bnii, no 50 cu|\T:a|i m cmcac pern unnra a|i cfip ;
ocup nac rualamg lac a cin"i a cmca •oe^bipi no 50
cupraji an pejiann afi vu^ mn, mafi a "oeiji ; a cmr;a
T)e€bif\i mapbclm, a fcuirhi mn a|i u6f, ocup a anni\:uirhi
na T>e^a, ocuf e tJu-Dem na ve^a f eig ; ocuf nta za um-
apcpaaip, ip a T)uI ap cuijeii na geilpne.
O'D. 649. Ocuf ; Saopa-D nime [cecpa] ppi hmbleogan .1. In cmcac,
a nemnefme |\ia na neime, a neime laia na pefionn, a
peponn pia na bpai^iD, a bpaig pa •oeoig.
, CCn cmbleojan umoppo, a nemnime pia na pe|ionn,
a peponn pia na nrnie, a nrnio pia na bfiaigfo, a bjiag-
[a\t] pa "oeoig.
CC neipic pogla pm, no a bpiachaib cuip no connap€a.
Ocup ni jaibcep m cmr:ach a cmai* an mbleosam
cem Bep cip ac m cmrac ; jaibep imoppa, ma cmcaib
pem no a cmcatC a mgeapna, lap nembeiu cerpa noco.
Ocup map 6 T)eip; pichal pipjao^mac aoengupa mic
muipe-oaig mic Reu apbopr an bper po lap ^oll pula
oopmaic, cupab mn "oo pochaip "neipcepT; mbpe§ a nT)ilp
DO copmac ocup v\a pit.
Ocup map aDeip ; M ip "oeilb in "oia rpuaiUe nacoc painn-
piu-D papaifece; po5ail ppi T)ia n'oilge'Dac; manab npe
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THE LAND IS FORFEITED FOR CRIMES.
I AM saying that the land goes for crimes of necessity,* Thk Lajto
and for unnecessary crimes ;• and also for the crimes of tiie " ^^^r*'
kinsman, as this medley of laws states. And I say that Crimes.
there is no difference between a crime of necessity and non-
necessity, but that the tribe need not give the land for
crimes of non-necessity, until the criminal himself is given
for them first; and that they cannot give him up for crimes
of necessity until the land is given for them first, as it (the
law) says : " For his necessary crimes of killing, his movables • ir. On
shall go first, and his immovables afterwards, and himself ^*^
after that ; and if there be more after that to be paid,* it shall
go upon the five persons of the * geilfine '-division."
And "the * neimhe '-cattle of the kinsman are exempt from
seizure" That is ; as to the criminal, his non-* neimhe '-cattle
go before his * neimhe '-cattle, his ' neimhe '-cattle before his
land, and his land before his neck, his neck last.
But as to the kinsman, his non-' neimhe '-cattle go before
his land, his land before his ' neimhe '-cattle, his * neimhe '-
cattle before his neck, his neck last
This is in cases of * eric '-fine for trespass, or in debts of
bargain or contract.
And the culprit is not taken for the liability of the
kinsman as long as the culprit has land ; he is taken, however,
for his own crimes, or the crimes of his lord, when he has not
cattle.
And as it (tJie law) says: "Fithal, the truly wise, son of
Aenghus, son of Muirodhach, son of Reth, pronounced this
judgment after the destroying of Cormac's eye, that for it
was forfeited the south of Bregia, to Cormac and his race."*
And as it says : " God has not formed corruption nor any
particular species of violation, the merciful God deems rac&
* Crimei of necetsity. — Such as killing a man in sell-defence.
• Unnsceuary crimen.— Such as killing a man to tob Mm*
' To Cormac and his raco,'^Vid$ note, p. 267.
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266 Zero an pea(iatin a Cincaib.
The lahd cujijabafi, mil ice ci* pipme-baS .1. tnana gabrafi rtfi if
'iTO F™"^" eipic, Tiif ctitiseb na cincaig ci* piifne^arfi fechtif
Crimes. po|i|io, oi|i ni befia gae.
Pofai'6TOii i;ifi naoengtifa .1. |X)fai^e|i aongtif cona
hfi a n'oao|xai5illiie6r ; no parai§ce|i aongtif uma ciji,
lit
Pojiuaiii ra|i po|i r<>6ai§i .1. aongur ocuf a b|iai*iii.
eoCpaib a1cht^e ai^|i> olc aiule x>o rochai'oe .1. TMxon-
8ti€ain fao6 |ian t^i|ai mm, a coji^ani le€ mbtieg
muijG .1. a leiG a n'oaotioiciUnete, ocof a le* a faop-
diciUnecc
Mo TX)p ni fen 0*60^ crDba€a'oaii maf i>u\l6, .1. croba-
Ccpoaf cjiefin nitrniafibuf tiile Coforo pajifi^aif a|i crDom,
crobo^croaf aji aonjtif a 6if e.
Ocuf map a "oeif . Conp ogla cinra cm laf nejaib ; ni
fegoi'o noifi 'Dibccft po mra a nopba .1. ni e^ pafcaig-
cefi vo fieifi nofOfa 'oligex) T)ibai'6 na cina^ gin a n'oul
fopfna hofbaib pit if na rit^e.
Octif, cia ba-BoD cenna, ni ba'be'o mbjiuig .1. cia mafb
in comajiba, maiiiiT) na m'lie.
Ocuf, aji conpacha la fomaine f tugcefi .1. if caoin
ftii|cef peifi pof in xa befiif oifille an maifb.
Octif : aji IT) ilmaoine moigcef comafbaib .1. na mao-
me iloffea pafait) af in cif "oo beifiiT) aifnii'5nitisa7>
fOfi comafibaib na cinzxic.
Octif maf a "oeif ; I05 "oon tebafi fo aicilt a|i aice
TOmaif, octif aimfif "do aimpti coifpfi lipecaif, ocuf
peff a 'Bo cof mac, ocuf cugait) a •fienma caocha^ copmaic
'oengof saebuobbrafi.
Octif • pe6 focal aif fin.
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THE LAND IS FORFEITED FOE CRIMES. 267
things atrocious ;• unless land is given, no umpke can heal The Lamd
them/ ie. unless land is obtained as the * eric '-fine, the crimes ^ted sw "
cannot be taken away, though it be a righteous judge who Crdcw,
estimates them, for he would pronounce no falsehood. • ir. 7%
" The land of Aengus is placed,'' i.e. Aengus with his land^^/^-
is placed in * daor '-tenancy ; or Aengus is stripped of his
land, &c.
" He brought contempt on many," ie. Aengus and his
brethren.
** With the point* of the sharp lance he aimed at him, evil
was it afterwards to many," ie. to Aengus and his brethren.
"Perpetual the thing ! to maim a noble king, for which
half the plain of Bregia was forfeited," ie. one-half in ' daor '-
tenancy, and the other in ' saor '-tenancy.
'* For what old Adam did, great things were lost," ie» as
by the transgression all the fruits of Paradise were forfeited
by Adam, «o his lands were forfeited by Aengus.
And as it says: ''Liabilities are distributed even after
death ; the new laws do not settle a * dibhadh '-land in a
territory, without dividing it in the small holdings," ie.
' dibhadh '-lands are not settled according to the new know-
ledge without their going upon the srnaU holdings which
are in the territory.
And : " Though heads die, lands die not,'* ie. though the
' coarbs ' are dead, the lands live.
And : " For debts are proportioned to the profits/' ie. the
debts are fairly fixed upon the person who gets the property
of the deceased person. • ,
And : " Foi it is various riches that magnify the * coarbs,' "
ie. the various kinds of wealth which grow out of the earth
give dignity to the ' coarbs ' of the debtors.
And as it says : " The place of this book is Aicill, near to
Teamhair, and its time is the time of Coirpri Lifechair, and
its person {ctuthor) Cormac, and the cause of composing it
was the blinding of Cormac by Aenghus Gaebuadhbtach." '^
And : '* see a word (judgment) on that" ' . i^- 7
* With the point — Tbifl aud other paragraphs of the present Iragment refer to
the bliudiDg of Kbg Cormac Mac Art by Aenghus of the poliODed spear. Bm
Ancient Laws of Ireland, vol. 8, p. 88.
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268 T^T) an peafianti a CitiTOib.
Thb Laud Oc«f ; ConboD ciTicrB 5a£ bfiefe
"xto iS» ^^^r ^<^f^ « "oeiTi; S<*c cin iiroe^bitit "oo 5111 T)«ine ii^ifi
Cjuxes. mapbcrb ocup ajiaill, if 6 f a-Beipn inn, octir mile ; octif
ma caiii\arcai\ f oifi, if ic 7>\a mac go f 0 €ocairefi innile
ocuf a cip in-o. [Ocuf lap p ruiUe aip fin.]
Octif mail a T)e'i fi ; TTla 'oiba'b •oerbif 1, •oe€bni cia sellrafit
.1. jellcafi a pef onT) ma cmraib •oeibipi.
c. 1601. tuigi f [ealb] f[eat;]u .1. lui^eji a p efionn za\i a cenn.
Sfitii^ 'oaon •DibaD .1. pefifi pep a of ba.
Ociif ; CC cinxKi T)e€biiM mafib^a, a fcuiSe mn ajx ruf,
ocuf annf ctii6e ana 'oe^a, ocuf 6 bu-Bein na "oe^a fi'Seig ;
octif ma za imaficfia ann, if a -otil af cuiEeix na geilpme
Tftfin.
T^umi'fi mn'Dli5€e£, fo fif, maf a "oeif : befa aiT>biiiu*
rai'6bi cofi, afbejifa pfiuc; cojiTObaig, coixuo€Lai|,'o[iT;hli]
coji.
Ociif ; CCn sac ce€naif "oo pe'Bar micuif (.1. cof robaig
no eigm) nach cof a 1 ni-fenafcafi mamib .1. noca coif i-S-
nacal maine inn.
Octif; ni heraffcapafealb fapuga, nafena fenmeifli|,
c. 2470. na f tiif ec pof eigin, na p oxal rp [enligi nipc], na cop 50
poptimaL
Ocup; anbalsafiaon apraini'ocappraScam .1. ipanpial
•DO 506 aon ?:appai|r;ep ma ctHni* 50 hmn-olisrec.
Octip; gelt ntiarbaip ; nt 'oilep ni "oo bepap ap tiarbap.
Ocup; Ml T:abaip pe na T^umi* ppi cupa na peimT)ilpi,
cia pocep'oaT; zavoco ilap coppaip eruppa imanit:ep,.ip t)0
za\TnZ vo penap.
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THE LAND IS FORFEITED FOR CRIMES. 269
And ; " Every judgment* shares the crime equally." The Laito.
And where it says ; *' For every crime of non-necessity * t^J^ p™"
which a man commits either by killing or otherwise, he Crimks.
himself shall go for it, and his cattle ; and if he is not caught
(shall be given up), it shall be paid by his son until his cattle
and his land are spent respecting it." And seek more on that
subject'.
And where it says : *' If it be a necessary ' dibadh property,
it is lawful though it is pledged, i.e. his land is pledged for
his crimes of necessity.
" Property and ' seds' go," i.e. his land is forfeited for it.
He is nobler than any 'dibadh,' i.e. ^'a man is better
than land."
And: **For his necessary crimes of manslaughter,*. his •Ir. JBtf-
movables shall go for it first, and his immovable property *^'
afterwards, and himself after that ; and if there be excess
{moo^e to pay), it shall go upon the five persons of the
' geilfine '-division, &c.
This is unlawful possession down here, as it says : " A suit
will set aside an unfair contract, I say unto thee ;" etich as a
' force'-contract, a * claim '-contract, a * forfeit '-contract.
And : " whenever during violence unfair contracts, i.e. of
force or violence, are made, it is not proper to give goods for
them," i.e. it is not proper to deliver goods in Uie case.
And : " Violence, or the denial of an old thief, or the with-
holding by compulsion, or seizure by overwhelming strength,
or forced contract, do not separate possession."
And : " It is monstrous for any one to be caught in unjust
possession," Le. it is a shameful thing for anyone to be caught
in possession unlawfully. '
And: "A pledge of terror;" nothing is lawful which is
given out of terror.
And : " Neither time nor possession is equivalent to any
contractorpre-right, though thieves maymake manycontracts
as to it between themselves, it is the thieves that shall pay.
* Judgmmd, 0*D. 726 and C 1595, for *bfiec' jadgmeat, read *bfvai;aim'
(brothor.)
* And tetk mort «fi ihoA wbfecU Tbh is a remark by Uie acribe.
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270 XeD an ^eafianti a Ctncoib.
Tub Lakd OcUf ; occnr f ecc cabapi^a i cuaic ccca hin*Dili^ la peine,
"ted FOB ^^^ poTiafcai^eix pop mac ocup pai€ ; co|i ayi eipn, gelt
Cmxia. miia •DinQftib, [cofi cobaigj cfieic pooiu soire, per; poniiap-
OD. 2070. Taigi tiemi, cotbche mtia xxah upnai'oac a polxxiib tecua,
.1. Til 'wlpi'D na iie€i piTi 0 pep bona* an can "oamaii 'obseD
ampu.
• Octip; ni haclai'b pelb ruini'5 lia[n],no tobjaa, no onpip,
no anpaiccep. 7pt pin.
Ocup; aipig? cona piach gai-oe an pelbug inn'oli|£eCi
map a 'oeipi'o na •DliT;he po :
OCn z\ vo beip na cecca pelba ip 6 "oo pen 50 piachaib
zay^e .1. an d 7)0 beip ni vo neofi ocup noc o na peilb bu-
'Betn ce&ap a& 6 peilb gaiDO an saDai-Bi, ipe ipjien gach
piacha ijai-be .1. ipe icup gac piaca gai-oe .1. in ga^aiDi no
m pip me-Bonjai'De Ian in'oligrec.
Ocup; map ap eigin no map a ngai-o pugax) a peoic 0 ne€,
mapa mapb'Oile lar, Ian piachaib gai'oi inncib po ce7>oip,
amail "oo beroip pop r;pebaipi accpann. Ocup mapa beo-
•Dile IOC, Ian piac 501*00 inncib po ceDOip, ocup ap, ocup
lop, ocup gepc "00 pi€ piu poceT)oip, ocup aicgin lacroa ocup
gnimpa "oaipag ua-oaiB, ut; t)ixic leigem; qui ailiTOp in obile
inupar; nip 1 pep opcium pup epc .1. in zi zi conuip aile
ipin liap caepac acx; i^ap a -oopup ip amail ga'Dai'D 6.
Ocup ip amlaiT) pin ai;a in ci zi a peilB gan 1)11507) ip
amail cpefiaipe.
Ocup ; 5aT)a ocup aipcealla, ocup 'oonnpollup, ocup
puarxic gin caipipim, "oipe 501*00 leo uile.
Ocup; ni poppoxla cai-Di, no cnei*D, no poguippe, no
popcumal neisne, ippenap cona pmllem, cona •oiablax)
" Imbeciles. The word so translated is written in the MS. *tia,* which O'Currj-
lengthened a? in the text, bnt in the margin of his transcript lie wrote 6 with a note
of interrogation, showing he was in doubt as to the word. C. 2470, reads * tiuin.'
• Ut dixit Lex., C. 341, quotes this passage, which ia taken from the Gospel of St
John, c. 10, V. i., &c», and also another which is evidently from the Lex Civilis of
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THE LAND IS FORFEITED FOR CRIMES. 271
And : " There are seven gifts in a territory which are Thb Lato
considered unlawful by the Feini, though they are confirmed ^^Jd tob '
by a son and a surety; a forced engagement, the pledge of Cbimks.
a woman to save her honor, a pledge of distress, the purchase
of a stolen ' sed,' a ' sed ' which a ' neimhidh '-person redeems,
the nuptial present of a woman who does not perform her
lawful duties, i.o these things are not forfeited by the true
owner, when law is submitted to respecting them."
And: ** Possession of land shall not be sued upon imbeciles,^
or lepers, or ignorant or unwary persons/'
And ; " hence fines of theft are imposed for unlawful pos-
session," as these laws state : —
" He who gives possession of what he does not own, it is
he that shall pay, with fines for theft," i.e. he who gives a
thing to another, and that he has it not of his own property
but from the stolen possession of the thief, it is he that
shall pay every fine of theft, i.e. it is he that shall pay all
the fines for the theft, i.e. which shaJZ be imposed upon the
thief or the fully unlawful middle theft man.
And : " If it be by force or if it be by theft his ' seds ' were
carried oflFfrom a person, if they are dead chattels, full fine for
theft shall be paid for them at once, as if they were upon
the security of strangers. And if they are live chattels, full
fine for theft shall be paid for them at once, and the growth,
increase, and milk shall run with them at once, and compen-
sation of the milk and the work shall be made by him (the
thief) ut dixit lex^; 'Qui ailiter in obile intrat nisi per
ostium fur est, i.e. he who enters the sheepfold by any other
way except through the door, is as a thief.* And it is thus
that every one who goes into possession without legal right
is as a plunderer."
And : "Thefts, and plunders, and robberies, and abductions
without desisting, — ^all incur the ' dire '-fine of theft."
And, "That which is taken away in theft, or openly, or
by violence of force, shall be paid for with increase and
Jastmian, and which was left oat -by the transcriber of Egerton, S8. It runs
thus:
" Non potest raptor sive invasor rem restitnere nis! restituat ejus poenam,*' Le.
it is not enough for the robber or the invader, to restore the thing itself unless he
restores the penalty for it.
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272 T^e'O an peofianti a Cincaiti.
The Lahd [fiaichsGTia], ma tnaifib'otle. fl1a5 beor^tle .1. ma^ co lof
"ro for' ocur mpopbaipx;.
Gbimbs. Ocuf ; CC mo Maipe nuallgnai'D, xnamba bfieuem, ni
O'D. 1122. erapfcajio* inna^ Pfii hmnam.
Ocuf ; ni a Buil pola neime ; ni •Diguiscefi cjiia aimfeiia;
oliTinusfceo bliSr buan, mapa maji-Ditie x>6 'Oiabat .1. mop
tiaiuep 'Dipe 'biabalca inn ia|i leigfin eloi€i ; no, if na
f eoT:aib 'oiabalra, ce TOijifiT; jin 50 TX)iiific ; no, if na beo-
•Dile, 'Dia TOififiT: ajii-oifi.
Ocuf ; Na fopc^D eigin na ilapna6 .1. nafi anp'p
fai-feann fochai'oe ua-oa 6 cf e eigin ainCpip.
a 221L Ocuf ; "Oo f ui of iB comf a€ omna [focfaiui] .1. umpuigceji
0 neoch so bobann a ni comaif bep nnuap ua'ba qfie eigin
anpip-
0€och focpaiT)e .1. nepx; •opofgouha fochai'oe ctjg tk)
peirfi.
*ui'5top nanbfipinne .1. famiwp x>o neo6 a ni bepap
ua^a upe anbpipinne.
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THE LAND IS FORFEITED FOR CRIMES. 273
with double compensation, if it bo a case of dead chattels. Thb Lawb
* IS FORFKI"
If it be live chattels, i.e., with gro^vth and increase. ted fo«
And ; O, my comely faced Naire, if thou be a Brchon, thou ^^J^
shalt not separate the increase from the cattle.
And ; ' Neimhe '-property docs not perish ; it is not lessened
by time, for the great increase and constant milk, double
great 'dire '-fine shall be paid, i.e., it is said that double
gieat 'dire'-fine shall be paid for it after absconding; or for
the 'seds' of double, whether they are forthcoming or notj
or for the living chattels, if they are forthcoming again.
And ; " Let not violence nor the many prevail," i.e., what-
ever unrighteousness the many are guilty of forcing from '
him through unjust violence.
And; "Quickly is it set aside which was acquired by the
pressure of the shouting multitude,*'* La, Quickly is that
thing taken from a person, which he wrested from another -
by unjust violence.
" The shouting of the multitude," i.e., it was the force of
the evil voice of the multitude that gave it to him before.
" The injustice is righted," i.e., that thing which has been
taken away from one by unrighteousness, shall be righted
for him*
> 7%e tkoutwg v^tiUide. For * comiurt * of the text, the reading in G, 22I|.
otnbfviich.
VOL. fV.
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po'ola xme.
DIVISIONS OF LAND.
VOL. IV. T 2
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poT)la rme-
VrmioKs Clfllll p'Ola Clfie ? Nitl — D1 pOTHXll.
CcfDeocI Occcatn octif aineocham.
Cirtiix [poDail] po|\ ectcam ? CC reofta <i- ecccatn |xe
a mbi eocarn ; octif ecccham culcach ; octif eocatn
Occchatn fie a mbi eo^omaib cecamtif : T>ifi pofaT) ambf mait
ca6 mait, in|x it, octif blichc, ocuf tin, ocof glccinfitie, octif
mil, ocuf fiofo, octjf ctiniiicro ; x\at eicin tk) ffiicnom moifi tia
flige ; fia bicrc ^lama cmti. Leiccefi echall ma jiiti'd, tia TXMglecm
T)|iif, Tia •D|ioi5ean, tia glefligi .1. luf lenaf a ne-pach, na homon
a Tnoin^ naca lat. CCfe innfiatc anDpn.
Crtiam caulchach imofifvo; hw tiifx^i 1 fiii'oitt^a'DjOCtif if puinn-
IMTw cacla maism anv. Ife tnait vo cat cloinfi octif va cat
zofioco olcena.
Crham ffiichiiania ; r;i|X mbeta f om 1 mbi mait cat dann.
CiT) lip, fO"Dla anqfienm ? CC rfti. CoDeec ? Hin— OCtiq[\enn
ocuf anmfn, ocuf aTi'Domam.
GCnmin couac ri|i flatten mo^, octif 05 ma^. CCnqxeiin .1. fliab
fpatch ocuf aiceann afuiDUis. CCn'oomaiii ; ■otiibciix ocuf moin
fOTl.
Cefc — Cocoimfib rifi ctimaile ? CC 5|iaiTini : cp.1 ^ainne 1
DOffolac iTinjxaic; fe ofvolaige 1 Ti*D0|in; octif 'oa •DOfiti arpaigiT);
fe Tjjiai^ti 1 TiDeifceim ; fe Deif ceimean'oa a fiitinqfiic ; f e intiqfiic
a laic; fe lain a fO|if,ai5 ; fe p ofifiais 1 natficeaTi'D. 'Cfp, cumaile
•oa fOft|iai5 .x. -oia foc.
t * GlaUtn *-dye- plant. This was some kind of herb, or plant or shmb, which
' was used for giving wool, or flax yarn, a preparatorv blaish, or greeniah color
probably * woad.* Vide Ancient Laws of Ireland, vol. 2, pp. 370 «. 871, 376.
• • /?oirf*-dyc-plant Some sort of plant used for dyeing crimaon red. Vid€
Ancient Laws of Ireland, vol. 2, pp. 420, 421.
• In a hand. In H. 8, 18 (C. 252), the Irish word is » ojVDlac,' an inch, which
obviously a mistake. In ¥^ 8, 5 (0. D. 1 462), the word is * baf ,* the palm of the hand
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DIVISIONS OF LAND.
How many are the divisions (in quality) of land? DnraoHs
Answer, two divisions. —
W hich are they ? Arable land, and non-arable land.
How many divisions are there of arable land?
Three, i.e. arable land which takes precedence of
arable lands ; and hilly arable land ; and labour-re-
quiring arable land.
Aato arable land which precedes arable lands firstly : An inhabited
land in which everything good is good ; both com, and milk, and
flax, and 'glaisin'-dye-plant* and honey, and 'ix)id '-dye-plant,' and
sweet herbs ; which does not require the application of manure or
shells ; in which there are no sticking plants. If a bridle-horse
be let into its top grass, no briar, no blackthorn, nor burdock, i.e.
a plant that sticks in clothes, nor ^ oman-plant * will stick in its
mane or its tail. It is in its proper condition then.
As to holy arable land, however: There is water upon this
iisually, and there are ash trees in every second field of it. And
it is good for every plant, and for every produce in general.
As to labour-requiring arable land ; this is axe-land, in which
every plant grows freely.* ^ tr. fg
How many divisions are there of weak land 1 Three. What ^^^'^^^^^^
are they 1 Answer — ^Weak, and coarse, and deep.
Coarse, comprises land of forn fields, and of good fields. Weak,
Le. a heathy mountain and furze upon that Deep : This is a
black land and bog.
Question — How is a 'tir-ciunaile' measured? By grains: three
gi-ains in a proper inch ; six inches in a hand ;' and two hands in
a foot ; six feet in a pace; six paces in an * inntrit'-mcasui-e ; six
' mntrits * in a * lait '-measui-e ; six ' laits ' in a ' forrach '-measure ;
six ' forrach '-measures is its breadth. A * tir-cumaile' is twelve
'forrach '-measures in lengtk^
* In tngih. The meAsaroi here are somewhat differeut from those in O.D. 1492,
here it is said that " 12 feet are a 'fertach^-measure, and 12 *ffrtach '-measnres
'orrach '-measure.
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• 278 f cola Trifle.
Drmiojfs tia fe x^yola cifii fo r|\a affitibatinnaii, coftnaili a comtif ,
""-Jt ^' ecofinaili a I0151. Oram fie mbi etatninaib, ctiniala .1111. bo pichic
tnblicbc a I05. Ctam caiilcad, ctitnala pcbic mbo tnblicbc [a
I05]. Oram n^idnama, caniala fe mbo fi-oec mblite a I05.
CCmmin, cumala -oa bo nT)ec feifc naifie. CCncfienT), cumala va
- bo x\vec feifc tKnfvi. CCn'oomqin, ctimal otx; mbo feifc fiaijie,
Ctfli[v TOO fop,mai5 ociif I0151 fofif iia njiaib f eo ?
tlm — CC oen-oec, Cainar fai-oe ? Run'o, aip^^eclac, lach|vadi
mailinp, fli^e, fioc, fiomtiffv, [f Ip'tit, fioiUbe, inbejv gelefrati,
hotaxu
Cia mec do |X)p,mai3 octif lofgi cad ae ?
THa fitiT), ceramof , beaf ime'DfcltiT), tio cofioiT), mat) ac iTiii|iaic,
T>o fOfvmaiT) .X. feoir; maD ac [eif]inTifvaic, do fop^moi^ .ti.
feoc.
ITIax) afi^eulad do m^in uma no iap,aitiii, do pojimaij. u.
feocu. '
THoD latfiad fetimuilonf)D do pofvmais. «. feortr.
TnatT^igt aDctimaiD o chifi co plait, no niaintfcifi,. do
f op,mai5 .111. bu.
THa fiomuffx conca cfnaiD cai|iac cofvacb, a rift camaile do
fx)|xmai3.
TTIaD ffitir a roib no aifvcinD combi DifionD laif , if ctimal a do
fojimaig.
THoD fioilbe Dono aDCtima, if ctima[l] do fofimai^.
THa inbeji do necma, ir .tr. feom do fof-maig.
TTlaD gelefrap, nemrfiaig, ir let .u. feoru.
TTlaD fior naificeanD fiofaiD fitiD, no fiomtiifi, no fioiUbe, if bo
DO foixmaig.
TTlaD borhufi f li^e do afcnam geilefraifi, no rf|\e, no np, bif
iref.cein, no flige maif.e, if colpach do fofimaig.
Ice anDf o compepra mbfioga fo a luibiD ocuf a fcota biiiDe ;
ficrch ocuf 05 fiarh,
Pinir DO rifi cumaile.
1 lu kerbs. Over the •(! * of the word * Itubi-o/ thejre is written in the MS. • b,
iiitimatingf probably, that the reading should be ' luibib,* the correct form of the
dative and ablative plural.
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DIVISIONS OP LAND. 279
As to these six divisions of land now, which we have mentioned, Divxstons
their measurement is alike, their price is unlike. Arable land
which precedes arable lands, * cumals * of twenty-four milch cows
is its price, ue. of the above measure. Hilly amble land, * cumals'
of twenty milch cows is its price. Labour-requiring arable land,
* cumals ' of sixteen milch cows is its price. Coarae land, ' cumals *
of twelve dry cows are paid for it. Weak land, ' cumals' of twelve
(I ten) dry cows are pauI fw it. Deep land, a 'cumal' of eight
dry cows are paid for it.
How many things add to the price of this land 1
Answer — eleven. Which are theyl A wood, a mine, the
site of a mill, a highway, a road, a great sea, a river, a moimtain^
a river falling into the sea, a cooling pond /or cattle, a road.
How much does each ofifiese augment the valuel*
If it be a wood, firstly, around which there are two dykes, or a
stone wall, it adds ten ' seds,' if in the possession of a worthy
person ; if in the possession of an unworthy person, it adds, hit five
'seds.'
If a mine, of copper, or of iron, it adds five * seds.'
If the site of aii old mill, it adds five ' seds.'
If it be a way which leads from a land to a chief, or to a monas-
tery, it adds three cows.
If it be a great sea which has productive rocka (i.e. producing
* duilesg '), ' it is a tir-cumaile ' it adds ...
If it be a i-iver at its side or head, which has a waste place, it -is
a ' cumal ' it adds. .
If it be a mountain now in the same condition, it is a ^ cumal '
it adds.
If it be the mouth of a liver that happens to be there, it is five
* seds ' it adds.
If it be a cooling pond which does not become dry, it is half of
five < seds' t^cKfdt.
If it be a head-road which leads to a wood, or a great sea, or a
moimtain, it is a cow it adds.
If it be a roa^l-way that leads to a pond, or land, or to a land
tliat is far away, or to a liighway, it is a * colpach '-heifer it adds.
Such then, are the productions of land, with its herbs' and its
yellow flowers ... * rath ' and ' ograth.* ^
' Finit ' of ' tir-cumaile.'
• * Rath * anti ' ograth.' The BIS. seems defective here.
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"oe foblccib ciMeoil zuoatt
OF THE DIVISIONS OF THE TRIBE OF
A TERRITORY.
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•oe poblaib cimcoiL zua\u.
ofthb Mf rualaing bfiedietrinachca pp, ptie tia pufDixi x\ar>
Diviaioars
OF TUK ptafuap, a necafircaficha, ocuf a tTOifie, octif a cam, octir
ovaTbr- alloj a tietiech.
EITURT.
Hi ciiatai ng.i.noco ciitmse6b|\eiteniiiacca "do fieifi iu'Dfrenedaif poT\
pfae tia pODaefv. tl at) pi af caTi .i« X^e tie ctvit^ no eaca|\fcap.(n> na pne
ocqf na piiT>T\e pfii a plaich. CC n'oifie .1. cm bet\ef T>ip« a ti'oiila.
OC cam .1. q|Xian a fmacca coma. OCltog a nenech .1. lo$ etnead
Sa6a pui'Ofie ate 'ooefxpai'oiYi, no log ene6 af a cochvf ate cfviap.; peofv
|x>n con f^lb con cochchup 7 |\i.
Cir lift pcolai piTie ta peine ?
Ire FOT)lai pine cacha plocha ; a ptii'oiii, a ciniux), a
^abail poxxisniar, coniT) ainm 'ooib tiiLe plairhe pne.
Cif tifv .1. cia leai[i no cia tin -do na plnib fHyoeiliscip. ant). Ice
.1. icioc fo na pne fpoj-oeitistiti an-o. CC pui-oyxi .1. paep4XiT> tw |ie
CfMfi, .1. In "oaefibotad af in ietfuxniaD pift ; in fencletti ipn .ii.e6 fifu
Caifi — Cif li|i pini ciiaiche, octrp ciT) inecafipcatioc t
Ice pine cacha cuaiche, geilpne, 'oeijibpine, lajxpne,
in'opne, T)ei|i5pne, 'ouibpine, pineracctii|i, glappne,
injen ap. niepaib. T)utipne, ip ann T)iba pnnreTKxib.
' Tkree, — These three classes of persons tre described in O'D., 999.
8/Vfe.— Sec OD., 1346 (E. 3, 6, p. 20, col. 2).
9 A ^ tendeithe-ptrsofi. — On the term * Sencleithe,* Professor O'Curry remarks,
* Fuidhir'-tenantfl Mho were in the occupation of land during the reigns of four
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OF THE DIVISIONS OF THE TRIBE OF A
TERRITORY.
- He cannot exercise judicature for the tribe of the Oftitk
•' . . . Divisions
*fuidhir '-tenants unless he knows their separations, ofth«
and 'dire '-fine, and their * cain '-law, and their honor- of a Tkr-
RITORT.
price. —
He cannot, Le. he cannot exercise brehoushtp, according to the *Fenechu8*-
law, upon the tribe of the inferior bondsmen (^fo-dacr*). Unless he knows •
their separation,, i.e. during the time of three, or the separation of thefamtly and
members of his tribe, and the * f uidhir'-tenants from the chief. * D i r e'- f i ne , Le. who
gets * dire*-fine for injuries done to their cattle. ' C a 1 n * - 1 a w, i. e. the third of their
'smacht'- fines in * Cain Maw. Thei r honor-price, i.e. the honor-price of every
*fuidhir*-tenant except the * daer-fuidher'- tenant, or honor-price in proportion
to their property except three ;> this is a man without land or property, &c.
How many are the divisions of a tribe {or family)
with the Feini ?
These are the divisions of the tribe of every chief;
his ' fuidhir '-tenants, his kinsfolk, his 'gabhail fodag-
niat '-dependants, all of whom go by the name of
' flaithe-fine '-persons.
How many, i.e. how many or what number is there of the tribes who are
divided. These are, i.e. these are tlie tribes who are divided therein (m tks
* Fenechut^'lawy, His * fuidhir '-tenants, i.e. they become free* during the
' time of three persons, the fourth man in succession is called a ' daer-bothach*-person ;
the fifth man a <sencIeithe*-person.s
Question. How many are the family divisions of -
a territory, and how do they separate ?
These are the family divisions of each territory : —
'geilfine,' *deirbhfine,' 'iarfine,' 'innfine,' *deirgh-
fine,' *duibhfine,' to which are added 'finet^acuir,'
'glasfine,' ' ingen ar meraibh.' These are of the tribe,
it is here the tribe ends.
kings, or the chieftaincy of four chiefs, were so called; afterwards their descend-
anU could never become free.— Vide C. 1212, 2134.
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y
284 *0e poX)laib cineotl ctrattt-
ofthk ^elptie CO ctitceii; ipafoe gatbef T)tbaD cacf) ctn'D
oFTm* comacuirT)itieoch 'oibatiaiu
Tribe
or A Tkr-
KixoBT. T3etibpne co tioiibofi; ni 'oaba haafoe cobfiaitit) po lin
centi comoctitf.
lajiptie CO qii pefuxib 'oec; tii beiiifoe actir cerhfiam-
chain '01 chtn na fomatie, tm ofibti tia faenifi.
In'opfneco .titt. pp,ti 'oec; conixannaccrDeifpnptiteDa
t)ineoch 'Oiba trai'oe, amaL bep choip^ TDuchaig T)uine
ocha reti, ifp ccnn f capaic piiiDrhea.
*Oe|i55ptne ifreT)e cjitierr ; m 'Otba huafDe ; tit cob-
fiatiTiai'oe pinticea, trpech icafo cinnra comocctitf. .
•Oubpne ifpe'oe 'oombeifi pfi noiUej na pincaft itnbi
pji po afipiji; ni cobp,anaiT)e pinnctiea conDaaiice p|i
caip^ no cftannctiiti; ip lafttim conp^anna cechftaimubam
pp,i inT)pinT)e.
pmecacctiifi ippe'oe Tiombeficcc ctii|i bel a poepfain ;
ni cobiiannaiT)e T)an pinnceT)a ache ni i puipeDajx ctiip,
bet
'gtappitie mac mna 'Oicpini bejxep 7)0 albanach; ni
^aibpai'oe ache ofiba niaT), no 'Dtirh|uxchca T)e'DlaiT) pjii
pine.
> At *di(a<a*-/an(f.— Land (hat devolves to them by the extinction of a kin
family diyision.
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DIVISIONS OF THE TEIBE OF A TERRITORY. 285
The 'geilfine' exteiids to five persons; it is they Ofxhk
that get the ' dibadh '-property of every kindred chief op thb
who leaves * dibadh '-property. of a tbe-
The ' deirbhfine ' extends to nine persons ; their *^^'
'dibadh '-property is not divided according to the
number of kindred heads.
The 'iarfine' extends to thirteen men; they get ,
only the fourth part of fines, or of profits, of the
ground, or of labour.
The ' innfine ' extends to seventeen men ; they
divide among themselves, as is right, whatever part
of the tribe lands is left as 'dibadh '-land.' From
this forth it is a case of a community of people, it is
then family relations cease.
The ' derggfine ' is that which has shed blood ; no
* dibadh '-property comes from them; they receive
no share of* the tribe-lands, although they pay for* ir. The^
the crimes of their kinsfolk.
The ' dubhfine ' is that which tenders the test ot
an ordeal whereby is known whether it be truth or
falsehood concerning it ; they receive no share of* the
family land until they have tendered the proof of the
cauldron,* or of the lot ; it is after this they receive
the fourth of the share of the ' innfine '-division.
The 'fine-taccuir' are they who give verbal con-
tracts in adoption; they receive no share of* the
tribe lands except what is acknowledged by verbal
treaty.
The ' glasfine ' is a son whom a woman of the .
family has borne for an ' Albanach ' ; he receives but
the land of a champion, or of a ' duthracht '-person,
that has separated from the family.
« The cauldron A sort of ordeal; vide O'D., 1324-25 (E. 3-6, p. 16, cols. 1, 2)
' An Albanack, — A native of Alba, an ancient name for the modem Scotland.
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286 t)e po'olaib cmeoil aiaiui.
•^oftob Inseti afi me|iatb; ifui'oe 'oo'oni'onais cluatp 'Do
^of'toe' cLtiair 'DO comcemtiil; 'oeDlai'D pfii pne, coniianna-
F^rTKR- V^^ pnnue'Da on me'D a'D'Daitnche|\ ipnt.
OF
BITORY.
*0urhai5 'Do pine nt cobjiannai'De etaji, ifr ^^^ '^^^
pnce'Daib.
pince FtiiT)i|x co caplLe p'oail; ponenmutn moijechaix
mac pfiia crchatfi, ocuf nt p,en in cachai|i nt fecti macu,
fech ua, fech lafimu, fech in'Due.
C a f TV •I- comuificim cia te5 no cia Un 'opinib bif ipn cuait .1. o ta na
|>ecc pif^u "DOC ama6. T)e 1x15^1 n e .1. iiroipinl plngalad. "Otii bpi tie .1. ^fi-o
f{n\ cai'oe. PmecacciiiTi .1. net meic poefma. ^^^fV^^® •'• S^bcnp.
caixglaf napatTigc. "Duupine .1. 'oucaig'oaeine. "Diba pinnceT)aib
.1. conad T>ticaf pine e act; "Dtjcup T>aeine. ^elpine co cuicefi .1. cmcefi
b!|*! n5e1l{^1ne. Ifiai-oe .1. if i-oe j;abafT)ib(r6 gai cin-o tvocomoicpge^
•01, no -Don chm t)ian ap. conic[C|n in •oibax). "Dineoch .1. -oo neo6 •oi'6ba|*
tiaiti. "Diba-o gelpine cobriannaiT; na cecheofux pne fo f ?f . "D e tvb p 1 n ©
.1. CO nottsabcni in cuicf^fi na pin! Ttomani'D .1. in n1 -Di-Dbaf uaiti thot t^xw.
CobrtainT) .1. oonfifioincifi a Diba'o pa T>ei5 po miOD na oenT) fia
oomaicfige^, -do in nmnboit) \f en pea^i "oon pin! poTJi-obaant); nopomioo
cean-D na ceofta pini, in n1nbaiT> ip in-o i^'mS mic xio 'Di'oba anx>. 1 a|\pi n e
.1. CO not^abail in T>a f^fne tiomaint). Cechfiam chain .1. ai\ ceotux
ceatp.anfita na cettxaiiiti 'Dibai'6 seilpine. "0 1 chin .1. laime. So m a n e
.1. innite. "Di ojibii -i. 'opeaTian'o. 8aecu|x .1. "oa fcuigtib, no t>o
pfiitgnanfi. 1 n t) pt n e .t. co natgabait/ na rfit pini fionfialn'o. C o n fi an n a
.1. up.Tian'oai'D ^©15 bu'oein 1n5 if T>i]6ai5 xta f^lnl inci ooa eiblef cap, tiaiti.
OCmat .1. aihait t>tigef. Oep choip. 1. o ta na .nil p|iii T>e5
* Tie *ingen ar meratb;* Literally '* the nail on the fingera.**
•il ierritory, — ^According to Dr. O'Donovan, a •Tualth' is alao called a *cinnA-
ment' in the county Antrim.
* Dtirgfine. — ^They were those who were guilty of the murder of a brother family-
man, Le. any one of the seventeen men of the four principal divisions.
^ Of a people, — ^The seventeen men next in point of relationship by blood to the
chief enjoyed peculiar privileges, but aU outside these were considered the people,
not the family, or tribe, or sept.
* ^GeHfine,^ i.e. white family. Dr. O'Donovan says: — ^These were the chiefs im-
mediate family, including himself, the seniors being always preferred to the juniors,
as far as five persons, Le. his uncles, his brothers, his sons. But vitU Sir Henry
Mahie, Early Ulstoiy of Institutions, pp. 20U-21(\
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DIVISIONS OF THE THIBE OF A TERRITORY. 287
The *ingen ar meraib';* it has passed from ear ^"^^^^
to ear that it {this division) is of the family; it of the
separates from the family, but it obtains a share of of a tkk-
the family land, inasmuch as it is acknowledged as «^^'
of the family.
The land of the family is not at all divided ; it is
here the family (or tribe) ends. •
The families of the *fuidhir '-tenants are subject to
manifold divisions. The son is enriched in the same
ratio as the father, and the father does not sell any-
thing to the prejudice of* his sons, grandsons, great-' j|^ ^«-
grandsons, or great-great-grandsons.
Question, Le. I a«k how mauy or -wliat number of families there are in a* « j,. j%^
territor}'," i.e. from tlie seventeen men out. * D e i r g - f i ne** (red f a m ily ), i.e. the
fratricidal family. *l)ubhfine'0>l&ck family), Le. the oncertaln family.
* Fine-taccuir/ Le. the adopted sons. ^Glasfine* (green f amily), Le.
which is got over the azure surface of the sea. These are of the tribe, Le.
the community. The tribe ends, Le. it is not the property of a family, but
of a people.* The *geil*fine**to fire persons, Le. there are five persons in
the * geilfiue -division. They ^el, Le. they receive the *dibadh*-property of
every chief or head of a family who is related to them, or the * dibadh '-pro-
{yevty of the chief to whom they are nearest of kin. Each who f/ives, Le.
who becomes extinct of them. The ' dibadh ^-property of the *geilfine* is
diyided among the four families down here.'* The *deirbfine* to nine
persons, i.e. with the inclusion of the five persons of the family division before
mentioned, Le. the thing which devolves from them to the family. Is
divided, i.e. the * dibadh '-property is distributed according to the dignity
of the heads who are related to him, when- it is one man of the family
that has left the * dibadh '-property; or, according to the dignity of the heads
of the three families, when it is the young man of the family that leaves
•dibadh '-property. The Marfine* (after-family) to thirteen men, Leu with
the inclusion of the two families before mentioned. The fourth part, Le. three
quarters of tlie quarter of the property which devolves from the ^geililne'-division.
FlneB,Le./or crime of the hand. Profits, i.e. of cattle.' Of the ground,
i.e. of the laud. The labour, Le. of moveables, or of service. The innf Ine to
seventeen men, i.e. with the inclusion of the three families before mentioned.
Divide, Le. they themselves divide what is due to the family of the person
who died from among them. As is right, i.e. as the law du-ects. As ib
< The four famiUcs down here, — The gloss is interlinear and appears to be iacor*
rect
* O/catlie.-'ThtLt is, the milk, butter, calves, hides, &c.
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288 T3e poDlaib aneoil cuaict.
Ofths ama6. Iff ann fcafiaic .1. 00 na6 phie 'otichoig e oliein wncob <x£c
Divisions loutaig •oaetne; [no if ann fcattaic cobftamn pettoinn ociif ciikto; no
Tribe T ^^^ "oibof in ccntvoef ; no if ann -oiboir naceitfie pne*] "OefiSEptne
OF A Tee- -i* m n^e f^fngatad. Iffe-oe .1. ifftp-de ihaixbaf nea6 vonn pine, 50
BiTORT. n'Dib^a an-D tiaiti. "M 1 cobp-an n 01*00 .1. nogo comfunn'oenT) feig T>titcn$
<yD~736. ^^ ^^ Iffocti .1. feidim no tn-ofcnstm, gu ntcanT) ctnca fn ci |ia
coihaigpse'D -do. "Oubpine .1. Inx) ^ne caitte .1. pne concalkiTicach.
If f 0*06 •DombeiTi .1. iffroe -oa bei-p, tpn-o fjinl 511 p|^ Iriiigi -oa pafca-o.
"N 01 ties -1- ^^ '^o^ P^^o lODno nac eai&> ^e "oa niceti ofx naitl, ni tv€mt>a
ofiba cona ruga pp, coirie no cfiannchaiTU TDoc tia 'ombptne, if ce^Tiaime
in ofibo T>oib ; mixc comlin, if ceachTucime beof ; moD uon^e) if ceachfvainie
cboua cacti p|x thaVi no each pft amviijg. pi ft caifxe -i- 'oa t<xf^^
onunx). If lajitim .1. if tap, na frofco^ tipYitinT>i]f cetfiamtt ptf in ci
btf op a clnt) ifanT) f^ini. Pinecaccuifv .1. nameicpoeftno^ tffo'oe
.1. if loDfai-oe paefi-onigciti afi cpebaipe 50 coip. o belaib. CC poep f am
.1. no so oompatn'oen'o f eig 'oiba'o atz fnl paeifiT>ntscefi e .1. in nf geUcoTi
TKK).
• CCcait; ofx-oaijce inroa fojif ma macoib faofma .1. mac faopna
•00 geilpiTie, octjf mac faofma vo •oefibpne ocof mac paofma t)0
e6:a|\ fine. TTlac paofma vo geilfine, beifii'Ofi'De ctiiT? ifin fine
iTaii b|xti'6 octif feajvann, manab raft bixogaic pine. In mac
foafam,imo|ifvo,'DO'Defibpine,manatv cap, bp,a5aii;pine,beip.iT) uili
in feofionn ate a tuiv infin -do bp^u'o lap. n^oul aniinn -oon satfie.
TTIana fop, fe6mi fine, ocuf ni fap^tiig T)oib ap, ai*e, if ann if
faofam caich fo mia6. 6eate camala o p^igaib, let feacc
cumala o 5p,ai>aib plota, ceofia cumala o 506 bancomap,ba, dq
cumail ^ac ocaip,e» ocuf ^ac boaip^e ; ocuf co ro|ima6 felb info
iiile. TTIana rop^ma felb, ocaf if mac paopma ap, feap^c, ocuf ni
cop, bfiajait; fine, if .tifi. ma* jada |\ainne -wb fo tiile .1. vo na
■ Of a pecpU, — AH other persons inhabiting the territoiy are considered the
people, and have not the same privikges as the four classes consisting of seventeen
men already mentioned.
'7%« daubl/tU trll c—ThAi is, of whose pedigree a doubt had arisen. Dr.
0*Donovan here refers to the story of <'DonalI na gcroicenn ('of the skins*)
0*Donovan ;** also to that of '^ Teigne an eich bhain Q of the white horse,*)
0*I>onovsn** who returned to Carbery under the name of * Burke,* and proved his
being an O^Donovan, and got a share of the land of his sept.
> To relam <Aein.— Here the singular number is used by an error in the original
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DIVISIONS OF THE TRIBE OF A TERRITORY. 289
right, I.e. from the seventeen men out. It !• tfien they aeparate, i.e. so Ok tub
AS that it is not the territorj' of a family, but the territory of a people' ; or it is pjyj^"?g
here the subdivision of land and liability separates ; or it is here the relation- qp tub
ship becomes extinct; or it is here the four families become extinct. The Tribb
•derggfine* (red family), i.e. the fratricidal tribe. Is that which ha$ of A Tkb-
shed blood, Le. which has kUled one of the famUy, so that their '(Ubadh'- ^^^
property b forfeited from them for it They receive no share, Le. these share
not in the familj' inheritance. Although, i.e. even thouffh thU is the eate, still
I maintain and insist that they must pay for the crimes of the person who is related
to them. * Dubhf ine* (black-family), i.e. the tribe of secrecy, i.e. the doubtful
tribe.* Is that w hich tenders, it b this that offers to the family the testof an
oath for its retention. The test o/an ordeal, Le. whether they are of the
family or not Though it should be allowed that they a»'e ofthefamUy after an okth,
still the lands are not divided until they give the proof of the cauldron or of the lot-
casting. If the *duiblifiue * be more numerous than the tribe they cltum to be qft
the fourth part of the land b gipen to them ; if they be of equal number, the fourth
part is likewise theirs ; if fewer, the fourth of what is the share of each man withm
<^ tr»6e b given to each man without Proof of the cauldron, Le. to retain
them* within (Ae tribe* It is after this, Le. after being retained they share
one-fourth with the person who is at the head of the family. The * f i n e taccu i r ,*
i.e. the adopted sons. Are they who, I.e. these are they who are acknow.
ledged by the proper guaranty of oral contract In adoption, Le. they .
do not share in the ' dibadh ^-property, but as much as is acknowledged, Le. the
thing which was promised to them.
There are many regulations respecting the adopted sons, i.e. an
adopted son of the 'geilfine,' an adopted son of the ' deirbhfine,' and
an adopted son of an extei'n tribe. The adopted son of the 'geil-
fine * gets a shara among the tribe, both in house and land, unless
he has been adopted against tlie will* of the tribe. But the adopted * Ir. Over
son of the Meirbhfine' if he has not been, adopted against the will* "**^ ^*
of tlie tribe, shares in all the land» but he has his share of the .
house ovdy after having gone over into the family to be taken care
of. Unless adopted without the consent of the tribe^ who are in con-
sequence insulted, it is then tlie adoption of each is accoi^ding to his
dignity. Seven ' cumhals * are dtte from kings, half seven * cumhals '
from those of chieftain grade, three 'cumhals' from every female,
'comharba,* two 'cumhals' from every 'ogaire '-chief, and *bo-aire'-
chief ; and all this to be augmented with increase of stock. If
there be no inci-ease^ of stock, and the adopted son has been
adopted from affection, and not to the prejudice of* one of the tiibe,
it is the seventh of each of these divisions that is given to the adopted
The *dubhfine' may consist of one man only, and when he is proved, by the tests
of oath and ordeal, he gets one- fourth the property of a man of the tribe as to whose
membership no question had arisen.
vol* IV. . U
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• 290 'Oe poT)laib ctneoil caaici.
Of^thb ^^ ciimala, octif tk) tec na .tiff, cumala ocuf -oona reofia
DivisioxB cumala, octif t)o na -oi cumala. tHftt) ca|v bfiagaic imofifio, neid
T^tSmT ^^^ ^^^' ^^ "^^^ paopnaT>o ainpne, if iff&e ^aibef m cff tiiTicf|*-
•OF A Tkr- Octif .tif. camala a logpx)e -do gfief , monap cafx bfiogaic pne ;
RXTORT. ^g^ ^^^ bfiagoic pne, ni beijx cit) log a faotaifu
Slof f ^Ti« •»• sabattx ca|\ glof na pxijige .1. tnac mo|xctiitx*e .i. mccc
eifp'6e belief bean -oon fine "Dalbonad. Ofiba nia-o .1. t^eorianty
fiofimeic .1. meic feocoii, log ctimaile. "Oe^lai t> .1. -oelisi^ int) fMne -do.
ingen ax^ metvaib .1. ca6 ga T>'Cr6a if -oon t^ni bi. "Ooxinixjnois .1.
afv a poc uaic oca, octif o "do cu<xit>. Cluaif .1. glefnf Int) pp. feo tki
Blefnf Iht) ti|X ele. " "0 e'olai -o .1. co nacb acu fvo bm .1. -oelaisi^ p tii|* in
fine,pt mi na ne^moif , ata6. On mexi .1. on iiai|x aroi'Dntgi'D mntin'o hi
fanplni. 'Ouchais t>o pine .1. otana.utvpfVii T>e5 0cma& Cobixan-
nai'oe .1. In •oiboD. Pince ptii'Difv .1. aca txyoeilfo^'o pillci potiffcii
na pn>aeii. pen enmuin .1. if ponae innan-o Hum T>a beitx mouguiD
maemead axi a notaiji fve fxe bti'6ein e, ocuf ori in mac lori t^ in nacofv.
Hi iven .i.noco Tuxcca'Don a^aifibe* 8ech macu .1. naseilpfni Sech
1 n "Du e .1. na geilpne.
1 RaekrenL Explained In G. 807 (H. 8, 18, p. 873 b.), as a mflch cow worth a
sack, ereiy month to the end of a year.
• Clfhi$ labottr. Following this commentar}', on the right hand margin of the
page is a remark by the scribe, which according to Or. O'Donovan, is in the hand-
writing of Egan If acE-gan, who says be wrote it In the mill of Doniry, in the ooanty
Galway, a.d. 1575, as an improvement on his ovm decayed old book.
• Tke naU on th€ Jingtn, This last section of the tribe Cannot be deprired of
whaterer property it is entitled to by its rank in the pedigree.
< The $<miy i.e. should the fonrth 'generation be of age before the death of the
progenitor, the latter cannot sell the property without their consent, nor thejr
.without his.
• ThegeHfine. On the foregoing tract Dr. O'Donovan observes :— From the
* preceding account it is clear that there were in every tribe inhabiting a ' tuath* or
territory seventeen persons who constituted the whole ' Fine,' or pure tribe, and
who enjoyed certain privileges that none of the other inhabitants were entitled
to; that these seventeen men were divided into four classes, which respectively-
exceeded each other ui dignity, according to their place in the pedigree and their
relationship to the reigning chief. These four classes were known by the follow-
ing names : —
1. * Geilfine,* which consisted of 5 men ;
2. ' Deirbhfine,* consisting of 4 men ;
8. ' larfinc,* consisting of 4 men ;
4. * Innfiue,* consisting of 4 men.
Bnt it must be understood that the *GeiIfine* obtained their share of all legacies
in land or chattels whiclr devolved from- any individual of their own class, aa well
as from any man, or number of men in the other classes beneath them. The
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DIVISIONS OP THE TRIBE OF A TERRITORY. 291
8on,le. of the seven * cumhals/and of lialf the seven * cumhals/ and ^' "**
of the three ' ciimhals/ and of the two * cumhals. But if it be in Divisions
pi'eference to* any one of them, the adopted son of an extern tribe it ^ ^""
adopted, he then gets the rack-rent.* And his price is alwaya ofaTke-
seven * cumhals,' unless adopted to the prejudice* of the tribe ; if »"^^^*
adapted in prejudice* of the tribe, he does not get even the price * Xr. Over
ofhislabour.* ' Ma nee*./.
^ G la s fl n e/ Le. that b, who comes over the azure sur/ac€ of the sea, i.e. the son of
a sea-sent person, i.e. he is a son who is borne by a woman of the tribe for a native of
Alba.* Land of a cha mp ion, i.e. the land of a • gormhac,' l.e. of a sister^s son. * Ir. An Al-
Se par a ted,i.e. which the tribe have allotted to him. Thenailon the fingers, ^f^"^'^^
Le. when all zx^ positive w asserting that he is one of the tribe. ^ Ithaspassed
i.e. it is far from yon it is, and it has gone. Ear, i.e. the dear knowledge (* gle f is*)
of one man added to the clear knowledge of the other. It separates, ie. so aa
that it is not with them, Le. it separates from the tribe, so th^t it is away from
them for a while. In as much as, i.e. since they acknowledged and re-
ceived it into the tribe. The land of the family, Le. from the seventeen
men ont. Divided, Le. the * dibadh '-property. The families of the.
'fnidhir '-ten ants, Le. there are manifold divisions as regards the tribe of the
^fo-daer '.persons. In the same ratio, Le. I hold that it is the same thing
which brings increase of wealth to the father in his own time, and to the son'
after the father*s time. Does not sell, Le. the father shall not sell it (the
increased teeaUh). Of the sons,« Le. the 'geilfine' of the *faidhir*-class« The
great grandsons, i.e. the ' geilfine.**
* Deirbhfine' obtained no share of the * dibadh '-property left by any of the ' Geilflne;'
but they shared in the * dibadh '-property which devolved from any member of their
own rank, and had their share also of all the * dibadh '-property left by any members ^
of the ^ larfine ' and * Innfine.' The 'larfine ' had no ' dibadh '-property from the
* Geilfine' or 'Deirbhfine,' but they shared all that was left by any of their own
class, and also received dividend of all ' dibadh '-property left by the * Innfine.' The
* Innfine ' or lower class received no part of the * dibadh '-property left by any of the
three higher classes, but they shared in all the * dibadh '-property left by any man
of their own class. The commentater reverses the numbers. He should have
explained them thus: —
1. The * Geilfine * represented 17 persons, viz., 5 of their own rank, and 12 of
the other classes.
2. The ' Deirbhfiue ' represented 12 persons, viz., 4 of their own class, and 8
of the lower classes.
S. The * larfine' represented 8 persons, viz., 4 of their own class, and 4 of the
* Innfine.'
4. The * Innfine ' represented their own doss only, which consisted of 4 persons.
The * Dergfine,' * Duibhfine,' * Fine Taccuir,' < Glasfinc/ and harlots, were excep-
tions to the other four.
VOL. IV. U 2
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[ 292 ]
0'a454. Innpne co feclic pep^ti 'D[ec].
Innpne afi if fine •oil?. Innua innpne, crchuip, iap.pTie ; innua
ia|\pine, orhuip, T)e|ibpne; inua T)e|ibpne, arhuip. gelpne. tlo,
'Dono, lafi cecpui'D, cmncro cmcefi a n5olpne, octif cerlijiui^x in gac
pne oz pn ama^. TTla fio T)ibann\ na ceirh^ai pne, in ri if nepi i
n'Dticliai'6 "oaine cuaf -do b|xeit in T)ibai'6, ma p.o "Diboro T>uuhaix>
•oaine^in ci if nepx i ninnp'ne vo b]\eic in 'oibaii.
'beifi35pne.
In pngalach. befiuic pne a 'oibcrtf it)c, ocuf ni bcp.aic a cinui-o.
' be|\iT)pin cm na pne, octif ni beiixinn u nT)iba'D ; no, o pnnpef ,
ocuf o 6^iq:iiif lap, cecpjno, co mbe|ia"o •oiba-o ochu^x ocuf roochup,
ocuf in •oiba'o ap, pir, ocuf co na be^iai) vo cut no t>o raib«
In pngalac, ot)o 'oena pennuir ociif eitxic, no ^fiic a nnjniriia,
beipi-d a cuiu t)o •oibo^ a achup ociif a fenarbup, ocuf nocha
inbeifiinn a cuic a inb|xiiT) •oiboT^ na pne. Ocuf mun T>ei\nui^
pennuiu ocuf epic, nocha beipinn a cuir T)0 nectu]\ -oe.
"Oepspne .1. in pngalac cia pinniT), ocuf cia epcptif, nocha
mbeipinn m vo ■oiboo fgtiirhi na ann^^uirbi na p'ne; no, 'oono,
nocha mbeipinn •oiboo a comfociiif co po pinne octif copo epce ;
ocuf o pfnnpuf ocuf o epcpuf, beipi-o 'oiba'D fguirhi octif
annj^uidn ap pir, octif nota beipinn vo raib; no "oono cena, co
p.uca'D X)ibax) fj^uichi ocuf annfguidii ap, pic ocuf vo caib, o
pinnpuf ocuf o epcfuif , amtiil ^ac "ouine •oligcech -oon pne.
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293
Tlie following Commentariea on some of the foregoing subdivi- 0*D. 454.
sions are found in O'D. 454, &c.
The 'Innfine' to seventeen men,
* Tnnfine' is tlie remotest of them. When * innua'* ia * innfine,'
tlie father is 'iurfine;* when 'inniia* is 'iai-fine,* the father ia
' (leirbhfine ;' when the 'inniia' is 'deirbhfine/ the father is
*geilfine.* Or, according to the opinion of otJiern, tlie *geilfine'
consists of five pei^sons, and eveiy fiamily frotn tliat out of four
persons. If the four families have become extinct, tlie person who
is next to them in the community of the people upwards obtains
their ' dibadh'-property. If the community of the people become
extinct, the person next them in the 'innfine' shall obtain their
* dibadh '-property.
'Deirgfine.'
That M, the fratricidal. Tlie tribe obtain their ' dibadh '-
property, but are not responsible for their crimes. Tliey are
responsible for the crimes of the tribe, but do not obtain their
* dibadh'-property ; or, according to the opinion of some, they are
to get the < dibadh '-property of their fathers and mothers, and
' dibadh'-property in tlie dii^ect line, but not backwards or laterally,
after they shall have done penance and paid * eric '-fine.
The fratricide, when he has done penance and paid * eric '-fine,
or 'eric'-fine for his evil deeds, shall obtain his share of the
* dibadh'-property of his father and of his gi'andfather, but he does
not obtain a share of the" house * dibadh'-property of the tribe.
And if he has not done penance or paid ' eric'-fine, he shall not
obtain his share of either.
* Deii'gfine,' i.e. the fratricide, though he should do penance
and 2)ay * eric'-fine, shall not obtain any i)art of the 'dibadh'-pro-
perty in moveable or immoveable property of the tribe ; or accord-
iftg to others, he shall not obtain the * dibadh '-propei-ty of his
nearest of kin until he does penance and pays ' eric'-fine; and when
he has done penance and paid ' eric*-fine, he shall obtain the
moveable and immoveable * dibadh'-property in the direct line, but
not in the lateral line ; or, according Jo others, he obtains the
moveable and immoveable 'dibadh'-property in the direct and
lateral line, like every lawful pei-son of the tribe, after he has done
penance and paid 'eric'-fine.
^ //mtio.— .This is the fourth generation from tite original fattier, and tlierefora
the * innfine.'
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294
0-1X454. *Oubpne af i 'oombeiii pqi noiUej.
.1. Pine caf)ficabaTica6 .i. mic tai'oe*
Ce TKxmtujX ap, noill, nf fianna op.ba can vo zmca p|i caifie
no q\cmniui|v. THic na mban caije, ce no ^abca aoen no T>e6e
•oib -oo cum na pne co pft no co f ecuib faoepna, vna jio p>|v-
bfU'DGfi CO bputlec coimlin pine, if ectn ip\\x -oe anofa vm fafccr6;
no, Dono, comcro ann f\o bet in pfi -06 fo laif , iccp. nempoDbait
pi|ie T>aoine ; octif tkx bpcroba* p|i 'oaoine -oo ^eubua uoroa, octjf
T>o ceti\ufhafn oca 6 if in fine ctif a nc, ocBf cortwma be|\tif
ocaf 5ad pep, T)li§tec ipn fine.
lp|ii hifTDpne ; ate lajitini ctrnfian'oa cech|itiiThe.
.1. ifi in cerbfimnie fe|i inpn-oe f ; no if cecbfitume coca cad
mic •olisfcig t>o a|\ a T)enufii a raipiuf . THa lia T>«bpne, if cec-
fitifihe m o|ibi] Doib ; mo coimlin if ceufitiime ; ma uaiue if
ceqfiiiiihe coca ca6 ftfi rail "oo ca( fifv amui^, fo ioimlfn. OCmmt
beifiiuf in'Dfine ceqxuime x>o T)ibat gelpne, beip,i^ [T)]iiibfine
cecfitiifne 6oca fi^i vo 'Diba'6, ocuf cip a atup. tiile.
X)uine fin aca fte fine amtug co fuil cofiiilin fine, ocuf 'oaici
ain-oligi* ai|v bet fie p'ne amtii^ co na gabup, anunn e can p|x
•06 latf .
Ci'D pjx 'oaoine -do ^aboti, ocuf lap. na fafca*, ca6 ni *do
fioin'oe'D fiofttie, can nf -oofarii ^e; ocuf cac nf cafiiiai* gon
ftoinn, CO nac bfuil ace cer|\uiTne cocad cac mic 'oligchig t>o cad
mac in-oli^te^ II0, -oono, comet ann no bet pp, *d6 uooa in con
na fotuib pfi -oaoine ; ocuf coma['6] anx) fio bet ceqfitiime corac
tac mic "Dligtig "DO, aininbui'D na fuotip. ace ctiiufi ap, a cinn tall
ipn p'ne, ocuf gac ni po p.otn'oet poiriic ifacuic vo ve; no,'oono,
If cecpup. ara ipn pne cup a nc, ocuf cucp.uma beip^iuf ocuf
each fep. t)liguec if in bpne cuf a cicc.
' Over the * in ' at the beginning of this word there is written, apparently by
another hand, mVi intimating probably that the word should h^ve been ' inT>pne.
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295
The * dubhfine' is that which offers the test of the O'D. 464L
ordeal oath.
Thftt 18 the doubtful tribe, Le. secret B011&
Though tliey aro acknowledged by oath, they shall not get a share
of land until the test of the cauldron or lot-casting is given. As to
the sons of the secret women, though one or two of them may be taken
into the tribe by a test or with * seds* of adoption, if they have mul- .
tiplied so as that they are as numerous as the tribe, the test of God
is then necessary to retain them in tlt^e tribe, or, according to others^ .
the time that this test of God is required is -when the tests of
men have not been procured ; but if the tests of men have been
procured, they shall be received through them, and to the fourth
part of the lands q/*the tribe to which they come, they are entitled,
and they shall obtain a proportion of it equal to'that of every law-
ful man in the tribe.
As regards the *innfine;' but afterwards they
share in the fourth part of the possessions,
That is, it is the fourth man in the ' innfine^ ;' or it is the fourth of the
share of each legitimate son he {t?ie son of secrecy) obtains when-
he has been begotten in secrecy. If the *dubhfine' be more
numerous tham, the whole tribe, they obtain the fourth part of the
land ; if they are of equal number it is one-fourth they get ; if they are
fewer, it is the eguivcUent of the fourth part of the ^property of every .
one within that is due to every man without according to equal
number. In like manner, aa the ^ innfine ' obtains the fourth of the
* dibadh'-property of the ' geilfine,' the ' dubhfine' obtains the fourth
of a man'9 share of the ' dibadh'-property and all his faiher^s land.
This is a person who has been with a tribe outside until he has
become equal in number with the tribe, and it is to avenge his
illegal act upon him for having been with a tribe outside that
he is not received within (tnto the tribe) without his having the
test of God.
Though it be the test of men that is accepted, and after he is re-
tained by it, he shall not receive any part of what was divided
before ; and, of whatever remained without being divided, the illegi-
timate son gets but the one-fourth of the share of each legitimate son.
Or, indeed, according to others, the test of God is required when the
test of man has not been obtained ; and it is then he gets the fourth
of the share of each legitimate son^ when he found but three persons
before him in the tribe Mrithin, and of everything that was divided
before, ho shall get his share ; or, according to others, if it be* four • i,. /| £,,
persons that are in the tribe to which he comes, he shaU then get an
equal share with every legitimate man in the tribe to which he comes.
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cntch ^aOlac.
CllITH GABHLACH.
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CRicli sablac.
Crith Cix) ajxa tieipe|i qiit ^atjlac ?
Gabhi^cu. |j,||^ — ocp^ ^^x>} qvenaf in peofv cnaite Dia ^ogi^lcaib hi oiai^
CO Tiai|\niir;hep, mo 5T^a[T)] zetca imbi i ruaiu. Mo, ap, aim vo
^ablaib 1 |X)Dlatuhep, 5fui[T)] tnioue.
Caifu — Cif lift poDlai pofifoi-ftiB ? CC .tiii.
CiT) Of a |X)p,T)ailri sfia* rtaaireP CC ufilomn ^furt tiecalfa;
a[i nach ^fuic^ bif a neclaif if coifi aa bet a ujilann i raont.
"OegpofMcaigi tio •oitig, no |:icrDT»aife, no bftecenmadca, o each do
aloilm.
Cejpc. — CoDeoc ^aT) cuoiti ?
Pe|v niiT>ba, boai|ie, aifie t)efa, atp,e aiiT), aifie rtrife, oijxe
pofipll, ocdf fii. THaT) a -olige |»tiedaif , if menbuT) ftmn pop,TKxit-
cefi T»a .till. fi5pxxiT)fi.
Cm, menba boai|ie cona occ fo-olaib? GCifie DOfa, aijxe e6xr,
aifie ap,T>, aip,e cuife, aip,e pofi^aiU, canaife fii, ocuf |vi.
Ca-oeot; fo-olai bo-aifiech ?
X)a fep, niiT)bota, ocuf occaifie, ocuf aitech afv oqfieab oitech,
ocuf boaip,e febfa, ocuf mbfiuigpefi, ocuf fe|i fotlai, ociif aifie
coiffxm^.
' Cai-oe imtach, ocuf naiT)ni, ocuf fiait, ocuf paonaife, ocaf log
nenech, octif biota, ocuf otp-Uf, ocuf fnoto, ocuf rau|iqieic,
ocuf bef C151 ca6 oe ?
Wm.-- ^tfiail op, m cam fonectif ;
CCfia fcfip gfia-Da fetie
Pfii mef aip.echra o'OftmirejX.
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CRITH GABHLACH.
Why is * Crith gabhlach ' bo called ? Cnmi.
Answer. — ^Because of the fact that the layman purchases by his Gabhlacii.
good qualifications among the people {in the territory) that ho be
acconnted in his proper grade among the grades that are in a terri-
tory. Or, according to others, because of the number of branches
into which the gi*ades of society are divided.
Question. — How many divisions are there of these 1 Seven. ai^. Grades
What is the division of social grades* derived from ? From the "/ « *^^'
similitude of ecclesiastical orders; for it ispropcr that for every order ^^ ^^
which is in the church there should be a corresponding one^ among b jr. ^^j.
the people. Good corroborative proof, or denial, or evidence, or ^^^"^
judgment, is dtie from each of them to another.
Question. — ^What are the grades of a people 1
Answer.^ — ^A *fer mbidboth''-man, a * bo-aire'-chief,* an *aire
desa '-chief, an *aire ard^^chief, an * aire tuise '-chief, an *aire
forgaill '-chief, and a king. If it be according to the right of the
* feinechus '-law, it is in such manner these seven grades are divided.
. What is the division, if it be not the ' bo-aire ' with his eight
divisions 1 An ^aire desa'; an 'aire echta'j an 'aire ard'; an
' aire tuise '; an ' aii*e forgaill '; a ' tanaise ' of a king, and a king.
What are the divisions of the ' bo-aires V
Two * fer mbidba '-men an * og-aire, ' and an ^ aitheeh '-person
on the residence of an ' aitheeh '-person, and a ^ bo-aire febhsa '-man
and a ' mbruigh-f her '-man, and a ' fer-fothla '-man, and an ^ aire
coisring'man.
What are the oath, and the binding contract,* and the guarantee, • ir. KmoL
and the evidence, and the price of honor, and the refections, and
the sick maintenance, and the protection, and the proportionate
stock, and the food rent of the house of each 1
Answer. — ^As the * caiu-fenechus '-law j^ys,
" Tliat you may know the grades of the Feine,
By the estimate of the assembly they are counted."
* A *^fer mlndboth*'pm'son. — ^That is a man of mean condition.
* * Bo-aire,* * Aire* ia a common name lor a gentleman of anj rank in society.
* Bo-aire ' is the lowest rank, derived from the possession of cowt. ^
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.300 Cfxirli ^ablac.
Cbitii *Qa pe|\ iniT)bota .1. pefi mi-obofc imrainj; finacra, iniroins o
— ' rfnafcaic co T)ai|ii:. Iffe^D I05 enech -oia cnfi, -oia 'Digtiin, T>ia ef am,
v\a faxitig. Iffet) faitiV a nanin) ocuf a fiait ocuf a pcronaife,
octif a aid|ie. CC biorha aona|i, aff ocuf 5Tiuf no afibti|i. tli
•DI15 imb. . SnccoiT) a corngficrd za{\ a rtiaic vci'oepn, ocuf bicrocaixi
leif CO TTDeochaiD rap, q\ich.
CiT) ofia Tiepefi fei[i tnipbot "oon p]\ fo ? CCfiomi do tiiceu
ammaici a-oDligfo alqfiuma, octif ncro fioij pejicai^.
In poficmairhefi oef fain|ietech t)oii ^p. tnr6bot imoctiins
f ma6ra ? poficmairhefi aef ceiteofxa nibliort>an nT>e5.
If aifie ni compile innfji na ficronatfe ap tit hinfioDnaifeadc
ppi ca6 paaiU, pe fete mblicrtna .x. na po ^aib f etlb na comofi-
baf p,ia fin, manaf comarhec fep fene laif. Iffe intifin
iniaroms fmacta nibptii§pe6ra.
In fep niiT)boc eile conoi innf^i if rpebepia ffoe; recmalcoft
a innfci -oo in reopa bpiatpaib co T>e rpep ; co caoi gin ropmach
5in T)i5bail, imufuoing an'omig nac aile, ap ivyexz lUn^cr.
Ocuf imcoin colp-oai^ no a log ; iffet) loj enech T)ia aip, -oia
i>i5nin, -Dia efain, "oia fapii^.
1ffeT5 faii6if a nai-bm, a pait, a pcronaife, a aii:ipe, CC biota
aonap, aff ocuf ^ptif , no apbiip. Hi t>Ii§ imb. SnoDiT) a com-
5pa6 cap a ctiaita, co rabaip, •oiabla'D tn biD i>o.
In rotpa ni f il an-oiti ipn aimpp fo, atx loj a ■oe^gfolca vo
cat lap na mbia6, inp foipaic lego, ocuf tin, octrf biata, ocof
I05 nainriie, amaipcc eafbo^da ; atz biT> coircinn 'oligif ca6 n5pai5
vo gpatib uuaite 1 copuf oqiufa.
' In lieu qf/otterape, — If the correct reading were *nT)icec' at Professor O'Cuny
suspected, not * nicer,* he would translate the sentence, '* because his sons (by hU
position) are exempt from the right of fosterap;e.*'
» Xo toikt— O'Currj- suggests another translation of this clause, viz., ** Or that
be is not entitled to a tomb. '
■ Preserved, — That is, probably, considered legal evidence.
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ClUTU OABIILACH, 301
There are two ^midboth'-ineu, i.e. the ^midboth'-man who swears Crith
to ' smaclit '-fines, and sweara from a needle to a 'dairt '-heifer. ^'"^^"'
It is his price of honor for satirizing him, for 'trespassing on hint,
for 'esain' to him, for violating his protection. It is to that
extent he nmy become a bond, a sui-ety, a witness, and a pledge.
lie is entitled to feeding for himself alone, milk, and stirabout, or
com. He is not entitled to butter. He protects one of his own
grade over his own teiritory, who* Ls fed along with himself till •'?'• Aniht.
he passes beyond the boundary.
Why is this man called a ' midboth '-man ? Because of the
fact that he pays his sons in lieu of fosterage* (^vte them avoay)^
and that he has no land.'
Is there any particular age determined for the ' midboth '-man,
at which he swears to * smucht '-fines ? There is dcteiinined the
age of fourteen years.
The reason why tlie language of his evidence is not preserved* is
l>ecause he is not eligible as a witness except for all trifiing -things,
before he is seventeen yeara old, unless he has taken possession,
or succession before that, or a man of the *■ Fene ' grade be a co-occu-
pant with him. It is then he swears to ' smacht '*fines in fai-m laws.
The other * midboth '-man wliose evidence* is preserved, is of more * Ir. Vxi/i-
weight ; his evidence** is confronted with him in three words for 9^'J^
three days ; and if it survives {statids good) without increase or
diminution, he sweara after (in support of) another person, because
his oath takes precedence. And he swears upto &* colpach '-heifer
or its value; that is his honor price for satirizing him, for tres-
passing on him, for his hindi-ance for violating his protection. >
It is to that extent* he may become a bond, a surety, a wit- • Ir. ft U it.
ncss, a pledge. He is entiUed to feeding for himself only,
milk and stirabout, or com. He is not entitled to butter. He
protects one jof his own grade over his territoiy, until he gives
double food to him.
The sick maintenance is not in existence at this day, in this time,
but every one receives the value of his good qualifications, according
to his dignity, both as to doctor's fees, and company, and food, and
the compensation for a maim, if it extends to mutilation ;^ but it ia
the same right that all the grades of the territory have under the^
law of sick-maintenance.
« // 1*4 extend io mutilation.^^O*Cnrrj was in doubt whether the translation of
this clause should not bo ** according as it muy happen to be"
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302 Cfiich ^ablac.
Crith txm^otx \^i cofip ocuf anmaiTi, octif -do verc aicifie afi pejt
^^^^^' peixtif in |?tiil, 1 cofitif or|\ufa, i inborn. CC'onai^ cafi pox; qitiach ;
in afiDnimet) •oi'oire •oienn ayi -oion cola |*luai§ ; ma nji^ellrafveife
an lepaiT) ap, ctiile liaij, irapgo te^o, co •De|\ofc in apflaine,
tna topflaine. If flan lina lepua a fna-dcro co fofiuf cuaite.
Caveccc a folai copai o each ppif a ctiptop oirap^ fp.i bait
p^p^legoP
Osfpicedr pop. i\aca, mana era nech a ppepoK) o pp. anait ;
combi ap, e^in -do bongap. If co nogDipe ocuf enectann po
ihia:6 oc^aip^cep,, av cpe eDnger) po rocap. T^ic ocuf a itiocoip.
pop folu6. Uachrap, ap leamla6c ^o hi x:pift, a coicui, i nomoD, a
nt)ecbnf OTD, a n'oomnac.
In fopcmoi'dcep o 6ei;eopxxib blia*naib -065 co pteig co cuoipx;
ulcait.
C10 beifc apxi po^ba-D boaip^echaf piapu p^ ba cuaip-oi-o, ni ica
a toga ache allu^a pp, mi-obota.
Cia belt ^in ^abail nopbai 'Dana, co cpine, ni ceic a Itti^e o
PX^ mi'obota beof .
bit a tupcpeicc coio pecaib. TDolc cona pofaip, bep a ti§e.
Iffe bef oen cinne-oa inpn, pefi na cpeabai^ peilb na pepmin
DO pcroeipn. *
popaip in thtiilc ; -oi baip-gm -065, imb, nembeoil, in)]^laice
catnne co cennaib, lan oilaiff,cpi'baffaib, ochuap* ocup lemlacc
octif 'opaumce no blatach.
Ml •olijrep, potup a tige -do neoch cein mbip maici, co mbi
caalamg i"^inqfiebta, ocup gabala fealb. "Oo p|i miDbota cein
» Tke hed-carryUig party, Orcr the a of the word 'lina* there fs written in the
MS. the oBoal symbol for 'no,' 'or,* intimaiiog that the word might be 'lino.*
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CRITH GABHLACH. 303
Ho {who sheds the blood) is sworn to both body and soul, and Critk
a pledge is given by the man who sheds the blood, in the law ^"^^"'
of sick-maintenance, to t?ie amount of a cow. He is conveyed
over the bloody sod; the noble chiefs protect him quickly from the
rapid rush of a crowd ; and a new pledge is given afterwards not to
put him into a bed* forbidden by a doctor, a/nd to provide a doctor, * Ir. WUk-
until his present health is decided, and his after health. As to his ^^^
hod^-car^ying party it is safe for them' to protect him to the terri*
tory house {ho^ntal). •
What are the proper duties of every person for whom a pledge has
been given that it shall be according to the directions of the doctor f
The whoje of the attendance j^aZ& upon the securities, if a person
(the invalid), does receive not his cure from the criminal ; and it
may be obtained by force. It is to ^ amount of his full ' dire*-
fine and honor-price, according to grade, he sues, though it be
through a tongueless person' he demands it. He goes, and his
mother, upon sick maintenance. Cream upon new milk is to be
provided for him on third, on fifth, on ninth, on tenth days, and
on Sundays.
Is there avtyihvng determined for him^ from fourteen years to
twenty, till the encircling of beard 1
Though he happened to take the rank of ' boaiire '-ship before
the encircling of a beard, his oath does not take more effect than
his oath as a ' midboth '-man.
Though he remained till his old age, if he get not land, his
oath does not pass from that of a ' midboth '-man stilL
His proportionate stock is five * seds.' A wether with its aocom*
paniments is the food-rent of his house. •
(This is the food-rent of a last survivor,* a man who does not
plough (or occupy) a possession or a farm for himself.)
As to the accompaniment of the wether; it is twelve cakes,
butter, ' nembeoil,' a handfull of leeks with their heads, a milk
drinking mug of three hands in height, cream and new milk and
' draumche '-milk or buttermilk.
Refections at Ms house are not due to any person as long as he
is in the condition of a son, until he lb competent to have a separate
residence, and to the taking of land. So with the 'midbaidh '-man aa
^ TtU taftfoT them. That is, they have performed their dnty, and are exempt
from further liability.
- ' A tonffueUit penon. That is, not a professional pleader.
< Last iurvivor, — ^That is, a person who has neither father nor mother living
neither si6ter nor brother, or relative, none interested in him but the foster-father. •
^e was somewhat in the position of a foundling.
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304 • Critch ^abtae.
Qabulach. ^^ ^^" ^^^^^ ' ^^^^ ^^ n^ifnaftt^i a plait, na f utlnje a bef
— ca|i mole cona pofoifi.
fHa |X)|\be|ia pdeT) a ttgi co tnbi polccD inboai|iech no m bcf
cqfVDDU, cop.ba cojiuf a rtii|ictieicca T)0)poni aftiii6iu. t^pofimais
cccoefin fomaine co mbi bef a cige ann lap, na iiii<r6, mana congla
nad fiait aile nxif* tefroftechc htrcro i ngoiic T)ia tfieife mfi foqia;
rriiaii a •ouinn, octif a mefca, ocuf a lefca, ocBf a e|ica vo fiaic.
Ocaifie If affou a aifiechaf croi.
Ci^ a)va nepefi ocaifve ? CCp. oinu a aifiechaif ; ce'oh achi;
ttonfie If fine o fvo ^ccb ufieaboro
Cai'oe a zotachz ? \lolov fecra laif ; .tiii. tnbae cona cafib ;
nil. muca CO muic fofiaif ; un. cai^xe ; copiil iciia fojntim ocuf
ini|iim ; t:i|\ tfit .mi. carnal lef. Ife cip, mbo la pene mpn,
foloin^ .till, mbau co centi nibliot^na .1. oDai^ep. .uii. mba inn.
paccaib in feccmaD mboin vta blia^na a fochtiaic in mfie.
Cechjiamie afiorhaifi laif; iKcin, foc, bjxox:, cennofe, co mbi
uaalin^ coimfe. Cuic a nait, immtiilin, 1 faball ; fcaball cocuif . .
THec d nje ; mou C15 incif ajx iu .uii. rfiaige .x. a meic p-oe.
Pi-dt:! CO fO|iT)bfipf. •'0\x: irijx ca6 TMin o ftii^iuga co cleice.
*0a T)Ofiiif ann. Comla afi atanai, cliach aft alaile, of he gin
cliacha cen rul^n. U'Dnochu cotlimbi. Cla^x ntKCfxa iT>i|i each
vi caomT>ai.
If mo rech nocaijiech. tloi qxai^f .x. a merfi-oe. t^fxi Ufxoi^i
.X. a ijxcha. CCfia |io|ianT) airhi^x bef a C151 1 n-oi.
Otc mba a cuficfieicc. 1 ce • x. f eoic in p n. 1 fCT) "oiabol caoix-
> JauC surcivar. — Sec note (0, page 303.
• Third pari ofhia th^ That is, it would seem, the third part of the fine, &r.,
for anything stolen from him, for making him drunk, for wounding hira so that he
may be lame for life, &c.
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CRITH GABHLACII. 305
long as ho is m tJie condition of a last survivor,' (i.e., uniU hei$ Critii
ahU to take a distinct residence mid possession for himself) ; but if
his chief prevents him frwn, so doing he should not beai' more of
food-rent than the wether with its accompaniment
Should the property of his house increase imtii it becomes equal
to the property of a < bo-aire ' or higher, his right to proportionate
stock increases to him on that account. He increases the income
until it be the food-rent of his house, according to his rank, unless
another chief entera into a compact with him. In three days,
after notice, half a portion {of fenveing t) is due from him for a
field j a third pai-t of tfie fine for lus theft,' and his drunkenness,
and his laming, and of 'eric '-fine f<yr killing him goes to his chief.
As to eax' og-aire,' his position as an ' aire - is higher.
Why is an ' og-aire ' so named ? Because of the youthfulness
of his 'airechus '-rank ; because it is newly he has taken house-
holdship upon him.
What is his proi)erty 1 He has a property of sevens ; seven cows
with their bull j seven pigs with a boar pig ;* seven sht^ep ; a horse • Ir. Ifouu
for work and for riding. He has land of three seven' cumhals ' value, ^^'
With the Feine this is a cow-land, which supports seven cows to
the end of a year, i.e. seven cows are put upon it. He loaves one
of the seven cows* at the end of the year in payment for the land. * Ir. The
He has the foui-th part of ploughing-apparatus ; an ox, a plough- '^'^^ ^^'
share, a goad, and a bridle (for the ox) so that he can be mastered.
He has a share in a kiln, in a mill, in a bam ; he has a cooking pot
As to the size of his house : it is larger than a house of < inchis.'^
for seventeen feet is the size of that house. . It is interwoven {wattled
from the ground) to the lintel. A dripping-board is placed between
every two weavings from the base to the ridge. Two doorways are
in it There is a door to one of them, a hiuxlle to the ether, and it is
without partitions and without holes. A palisade is around it> of
slight wood.* An oak board is to be between evjry two beds.
The ' og-aire's ' house is larger : ninetee*a feet is its size.
Thirteen feet is the size of its backhouse (kitcften) ; or, because his
father has divided his food-rent in two wit!i him.
Eight cows are his proportionate stock. This consists of ten
' seds.' This is double the proportionate stock of the grade which
3 A houu o/Hnckis.^ — ^That is, a house built for an aged man of the family who
gives up to the family his patrimony on condition that they support and attend
to liim during the remainder of his life. Vide C. 807.
*A paJisadny ^-c. — Professor O'Curry's first translation of this clause was,
" Narrow beds in it.'* '
VOL. IV. X
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306 CfMch 5aBla6:
Crith qxecca in sttafo pil fiiatn ; ap,if tm chip, ^allaiT) in gpaixmi ; if
Gabhlacil ^i chijij-Dono, lOjsa.x.'feoicDOfonTDiaaiiiqiec; biT>»'oono,atifi
fin pop, fola ffiif 'DO. X)a|xcaiT) iniDi cona cimcach bef a age.
Txiipti muca lef af cine iccaf la bom, no tine oriT)laige,in na
chumba coip,, octif Cfvi meich mbpacha, ociif lee meich cccpai.
CCp, ocmail n-oiabul ciip^cbpeaca in ^pai-o if ifliu njpchp.eic tn
5p.aiT) If ap.'OQ, If T)iabtjl fomaine, T>ono, bef a nge. Sncroig a
com^fKro, ap, ni fncpDig na6 gpcro nech bef op.'DU. biachoro
"oeifi v6j T)i af octif 5p.tif, no apbaimm. "Mi 'olig imb. Coa-D
'Da op,T>la6 .X. 'di Dp^aumca op, lemlacx; ce^a|i noi, octif baip.5in
in'Dp.uic, no -01 baip-gin banfuine. CC wif fO[i folti6. Imb
ifui'6iu a qxeifi, a coice, a noihax), a n'oechmoD, i n'oomnac. 'Cfii
feoic log a enech, a6c ic feotc bof labjia ; wpe naicipe "do.
CiT) TMa neipenaicep. T)Ofotn in cfeoic fo ?
Mm — ^Diaaoip., -ota efain, -oia TM^iimy -oia Cfap.ujaDj'Do lofca
a cigi, -Dia cup-o^xsuin, -oq gate ap o let, -oo ^aic inD, -di fOfici]|\ a
mna, a m^ini. CXJtz af bp.et la |:ene lee -Dip.! gach 5fvaiT> cuonche
fop, a mnai, ociif a mac, octif a insm> acu ma t>op.mamey no ma9
bef elo^ach p,ia ngaifxi.
Cecbfiacha fop^ftn-oib log a enec; ipe* imacoin^, ociif cer
pofr a naiT>m, octif a p.aich, ocuf a ait)ip.e, octif a pa-onaifi. Op
in -oa fee cefbanaT) aifie, btiaifie na^ noj fofftiga a tigt, ocuf
noD ninpxxich fp^tu, amail ^ac boaipi, op loigeD a fola'o.
CCichech ap, atpeba; a -oeich •oeich'oe a Btiap^p^d .1. "Deicb
mbai laif .x. moca .x. caipig, cechpaime ap^ochaip, .1. ^am,
octif foc, ocuf bpo-D, ocuf cennof .|i. "Cech fichec qiaiger) lef, co
naipchai cetpa cpaige n-oe^. itii. feoic a 'oipe v\a aip^ via
< Woman** hal-tng. — The woman's bakiDg was half tho man's baking.
' O/ahottagt, — ^I'batis, if he is given io i>ledge, be is entitled to bis own damages.
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CUITU GABHLACII. 307 .
is befoi'e him : because it is for land the graJsa take service ; ^ Cumt
. . *,,, ,. .,, , 7 i.,.. *i» Gabiilach.
it IS for land that he is entitled to the value of his ten < seas,
as his proportionate stock j he has his land (/iven him according to
qualifications. A * durtaidh '-heiifer at slux)vetide with its accom-
paniments is the food-rent of his house. A hog's belly in bacon
he pays, along with a cow, or a whole liog in bacon, of an
inch of faty properly cuixmI, and three sacks of malt, and half
a sack of wheat. Because in the same way that double the pro-
portionate stock of the lower grade is the proportionate stock of
the higher grade, so is the food-rent of his house double profit.
Ho protects his co-grade, for no grade protects a person higher than
itself. lie has refections for two men, in milk and stirabout, or in .
com. He is not entitled to butter. A mug of twelve inches
of sour milk upon new milk is dtte each time, and a lawful
man^a cake, or two cakes of woman's baking.' He has two
attendants witen on sick-attendance. They are to getf butter on • Ir. Butter
third, on fifth, on ninth, on tenth days, and on Sundays. Three r^ '^^
* seds ' are the price of his honor, but they must be ^ seds ' of the
cow kind ; he is entitled to* the ' dii-e '-fine of a hostage).* b }r. Fcf
What are these * seds* paid to him fori
Answer : For satirizing him, for his ' esain,' for insulting him,
for violating his protection, for burning Ms house, for stealing
from him, for stealing out of his house, for stealing anything into
it, for forcing his wife^ his daughter. But it is a decision with
the Peine that half the ' dire '-fine due to a man of every grade in
a territory is due for his wife, and his son, and his daughter,
excepting the case of a ' dormuine '-woman, or a son who evades
the supporting q/* Aw /?arente.
Tlijere are four things in which he acts to Hie extent q/'his honor*
price ; it is that which he swears to^ and it goes on his security, his
guarantee, his pledge, and his evidence. And the two ' seds * thatf
are wanting to MiJdspnM ofh(mor\afe t0a7t£t7i47 because the stability
of his house is not perfect, and that he is not competent to imder-
take liabilities for them, like eveiy other ' bo-aire,' for the smalliiesa
of his property.
As to A tenant resident; ten of tens are his cattle, Le. he haq
ten cows, ten pigs, ten sheep ; a fourth part of ploughing apparatus,
i.e. an ox, and a ploughshare, and a goad^ and a bridle. He has a
house of twenty feet, with a kitchen of fourteen feet. Four *seds
are his * dire '-fine, for satirizing him; for his 'esain;' for in-
voL. iy. x ?
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308 Cfiirh ^ablac.
GAn"'^" I efain, vm wgutn, T)ia f 0^1115. Imofcotn^, af iiaiT)in, if fiorti, f f
— j aiT:itie, if fechem, if fioDiiaifi ftim. T)etch mba a cufvqfietcc-
I P^55^ "^^^^ ^^^V ^^"® '^^ ^^V- ^^^ ctimbti coi|i octif ccqfie (no
ceiti|\) meich bjiatcha, ocaf ptlcm aifimefOQ vx rafxu, ife bef a
nje. I>tiicufi coi(i, in|\ e^wa ocof lefqvau
Ife aitec bairp-oe info, T)ia mbe in a cnncai, cm satr, cin bfiam,
cm ^um "Dume acr la a caua, no nech T)0fati6 a cerm faifi ;^of he
cona Icxnamnaf coifi, octif •oenmai m qmib, ocuf t)onmachatb, octif*
coixgofaib.
CiT) no© mbfiif jq fcjif o a boaiftechof ? CCfi bef bro ceqiajt
no coigtifi beic hi comotibuf boaip,ech, conach afa boatfie "oo
each ae. btarha6 -oeifi "oo -di af f ocof Bjxuf f no ajibaimm ;
imb in n'Domnachaiby feyiccol ratifain lafooam, •ouilefc,
camnenn, falanT).
"Off TK) f0j[i fotach. Imim -do ala Cfiar.
boaaifie febf a aT) ap,a neipep, f
CCfi If t)0 buaib ara a aifxechaff ocuf a eneclann, T^i]\ Da
.tiff, ctimal leif . "Cech .tiif. cftaigeT) xx. ic, cp naifichat coic
C|\ai5i'D n-oeac ; cutr immtiiliimn co nai|\niil a mtimrifx, ociif a*
a T)6nia. CCirh, f aball, li.af caf^iech, liaf la^^, mticfdil. Ic he
mfm .till, cleititi 6 nT)i|\enafi cac boaifii. biiT) di bai .x. leif ;
let na^iacaift, coftjl fognuma ocuf ech imm^ximme. "Oi bai
.x. a tati|\acfieicc. Colp-oaic fijxenT) cona timchus bef a ti^i,
in rfaimbiaT) ocuf ^atmbiax). Coic feotc ma T)f|iiu "ooneoch iff
5|ieff vo Dia eneclann.
CiT) t)o bi|\ na coic f eocti do eneclann m boaijiig ?
tlm — CC gnima ; fee a naDma, fee a jiaiti, fera paDnaifi, fee
a aici|\i, fee a fOfaigti, ocuf a bfiieheninaif f0]\ mbiitiigf.ece.
Imcomg coic feoeu ; ciagaic fofx a naiDtn, octif a t^ait, octif a
> Four. — *■ Vo cei*tp.* is an interlined aliter reading.
*A *Jo-atre.* — The portion of this tract taken from C. 488 ends here; the re-
jniinder is from the portion of the tract iu 0. 1-lG (U. <$, 38, l>6).
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CRITH GABHLACH, 309
suUiag bim; for violating his protection. He swears, he is a Crith
security, he is a guarantor, he is a pledge, he is a suitor and
witness for them (to tlis extent of four 'seds.*) Ten cows ai-e his
proportionate stock. The choicest of a herd 0/ cows and a bacon
pig of two fingers depth properly cured, and four^ sacks of malt,
and a wooden vessel of salt, is the food-rent of his house. He
Jvas proper furniture including iron and wooden vessels;
This man is an immovable tenant, if he is blameless, has not
robbed/ has not stolen, has not wounded a man, except on the day of * Ir* With*
battle, or a person who sues for his head from him ; and he is in ^ ^ '^^'
his lawful 7)iatrimonial union, and is pure as regards Fridays,- and
Simdays, and Lents.
What is it that puts^ this man from being in the rank of a ' bo- i» ir. Breaks
aire'l Because it may be that four or five such may occupy <>''*<«»•*•. ^
the land of a ' bo-aire,' and it could not be easy for each of them
to be a ' bo-air&'^ He has refections for two, of milk and stir-
about, or com j butter on Sundays, salted venison along with these,
sea-grass, onions, salt.
He has two persons on sick attendance. He gets butteif on * Jr. Butttr
alternate days. •^*"' *''»'•
* Bo-aire febhsa' why is he so' called)
Because it is from cows his rank as an ' aire ' and his honor-
l)nce are derived. He has land of the Vfdue of twice seven
' cumhals./ Jle ha^ a house of twenty-seven feet, with a back-house,
(kitdieii) of fifteen feet ; a share in a mill in which his family may
grind, and his visitoi*s. He has a kiln, a bam, a shee]>hou8e, a
calf-house, a pig-sty. These are the seven houses from whi6h each
* bo-aire ' is rated. He has twelve cows ; ludf the ineana of
ploughing^ a working horse and a riding steed. Twelve cows are
his pi*oportionate stock. A male ' colpach '-heifer with its aooom-
))animents is the food-rent of his house in summer food and in
winter food. Five * seds' are due to him as his * dire '-fine which
are permanent to him as his honor-price.
What is it that causes the honor-price of the * bo-aire ' to be
^Y^ ' seds ' 7
Answer : His deeds ; a ' sed ' for his binding,' a ' sed ' for lus ' Ir. Kmti,
guarantee, a ' sed ' for his evidence, a ' sed ' for his pledgo,
a * sed * for stability, and for his judgment upon land law. He
s weal's to five ' seds,' they come on his binding,** his guarantee.
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310 ^ C|xich 5aRa&
Crttu aid|vi, ocuf a pioDnoifi. CC btcrchcro cyifafi ; qfiititi -00 po|i fotad ;
ABHLAcn. 1^^^ .^jQ ^ TTDiffi, 1 cfiiffi, 1 c6ici'D, tiTD nomaiT), 1 n'oectitnaiT), t
TTDomnach. pip, cAinnenn, do faiUn -do ca|\fiin, W cefbcm T>f
-potrxxib 111 boai|ii5 cefbctn 'oi a •offviti.
TTlbiitit^pefv C1T) afia tieipe|i? TM Ifn a tniitii^e. Xjtxi vfvt
.iiff. cutnal laftiiT)e. If 6 boaip,e ixetyie bfieite. boai|ie ^enfa ;
CO cdch in ch|\tit:h a rbije, in na dccaib cofiaib. Coifie cona
inbiufib cona toftjgaib ; Daba^ in |io imniT)elca|\ bfiut ; cai|ie
pognuma polefqiai, inii efina octif loifce ocuf choi-olti, condc
heffODafi ; ammbtip, inDlatr, ocaf long foilcce ; t)|iochca,
cainvoelbfxa, fcena btjona a?ne, lomna, cal, uafiochofi, rui|iefc,
T>faf , pT)ch|\ann eiptr, oiccer) t^^noma cacha fiaite. Cach n'oeilm
•oe cen lafacbc; lia, poficaiT), piT)ba, bfail, ^af gona cech|vai,
i»ine birhbe6. Cain-oel ix)|i cain^elb|u« cen mefch. O5
nap.atcn|i cona htjile comopaifi.
lT;e info qxa gnima boaiixijS Yi6i|ie bp,irhe. biic t)f lofn in
na tij; no SP'^f, lan aiff ocuf ion chofima. pe^a q[\i nvoba ;
ffitiib ctii|ic fochlaiT) fcolcaf ainechfiaicce each aiinfi|\ ; ffinb
cine pofi cfiaic ; fjitiba afiachaiji p> |\inn ; ap, immolan^ ^abala
1X1^, no efpuic, no f uai), no bfiirhointin -do fiouc; fpi cafcfia cecha
'Dama. 1pe\\, qii mmch inna 1:15 "oo gfief cech |\aiti» nuacli
nibp,acba, mmch muip, luacha p|Xi mrhcumba naige Twa ceicbfii,
tniach ^uaili i^\x e|inna. 8echc nge laif , airh, f abal-o, mtiilenn,
a ctiic If tJiT)ia coniT) naifimil; rech .tiii. qfvai^eD fichic; ificha
.U11. cfiaigex) nDec, mticfoili liaf loe^, Imff caifiech. pchi bo,
x>a cafibb, fe 'ooim, fichi mtic, fichi coi^xech, ceich|ii cuificc
fofvaif , "01 bifiic, each fliafca, f|iian cftuain. 66 ni6ich "o^c 1
calmain. Tkitai caiyii humai 1 callai to|icc. T^echcui^ fairhci
^Salted meat, — O^Curry, in hu second and revised translation of this tract,
renders ' fcnttci * ' a salted crooked bone/ it is not known on what anthority*
•A crooked bone' (camdndth) was the portion of the *Aire-tuisi,' and of other
persons of rank, at the banqueting house of Tara. Vidt Petrie*8 ' Antiquities of
•Tara Hill,' P- 205, et seq.
s With Us spits aud its spindles. — Professor O' Curry in his second translation
suggests ** flesh-forks and lifting poles *' as a better rendering for this obscnre dausa
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CRITII GABHLACH. 311
Iu9 pledge, and his evidence. His feeding is a feediw/ for three; Cjhth
three attendants are dvs for him on sick-maintenance. Butter is ^^°"'^^'''
required for him on second day, third, fifth, ninth, tenth, and on
Sunday. He is entitled to true onions, or salted meat^ as condiment.
Anything that is deficient of the qualifications of the ' bo-aire '
shall be wanting to his ' dire '-fine.
* Mbruighfher,' why is he so called 1 From the extent of his
grass-lands. Ho has land of the value q/* three times seven ' cimihals.'
He is the ' bo-airo ' for obedience to judgment. He is & * bo-aire-
gensa ;' he has every necessary furniture of his house all in their
proper places. He has a caldi*on with its spits and its spiudles f
a vat into which a boiling of ale ia poured ; a 3erving pot with
minor vessels, both irons, and troughs, and mugs, with which to
eat out of it; a washing trough, and a bathing basin, tubs,
candelabra, knives for reaping rushes, a rope, an adze, an auger,
a saw, a shears, a wood-axe which cuts implements for every
quarter's work. Every item of these he shaU /lave without borrow-
ing; a grinding-Btone, a mallet, an axe, a hatchet, a spear for killing
cattle, ever-living fire; a candle upon a 'candelabra' without
fail ; a perfect plough with all its requirements (joint work).
These then are the deeds of the * bo-airech' for obedience to
judgment. There are two casks in his house constantly, a cask of
milk and a cask of ale. . He is a man who ha^ three snouts ; the * ir. Of.
snout of a rooting hog at all times to break the blushes of his
face;* the snout of a salted hog upon the hooks; and the snout of a
plough pointed; for he is able to receive a king, or a bishop, or a
poet, or a judge from off the road ; and for the visit of all com-
panies. He is a man. who has* three sacks in his house each '
quarter perpetually, i.e, a sack of malt, a sack of salt for curing
the joints of his slaughtered cattle, a sack of charcoal for the irons.
He has seven houses, a kiln, a barn, a mill, a share in it so that he
can grind ; a house of twenty-seven feet, a back-house of seventeen
feet, a pig-stye, a calf-house, a sheep-house. He has twenty cows,
two bulls, six bullocks, twenty hogs, twenty sheep, four housefcd
hogs, two sows, a riding* steed, a bridle of * cruan.' He has sixteen h j,.^ ^/^^
sacks of seed in the groimd. He has a brass pot in which a hog
fits. He has a lawn in which sheep stay at all times without
* To hreali the bluthes of his face, — ^That is, he should have always a hog fit to
be killed to prevent his haying cause to bliuh at his house being without flesh when
strangers oome into it
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312 Ctxtch ;5abla6-
Crith 1 xnhit btoc caifii^ cen immiix^i. Cechatvta tiTMUota leif ociif a
«^ * ben. C£ ben ingen a choin^tiat'o m na choip,cecmuincefiaiff . Of
he inairb aUtJ^a, a nai'Dm, a fiait, a pcronaife, a atnjie, a 6ti,
a coixlicuT) ; gen ^air, cen bfiaic, cen ^tiin 'Dnine. "Oi cbiimat a
t;ha|ic|i6icc b<i cona ctmrbucb b6f a rbi^e, ici|\ 5aitnmbicr6
ocuf faimbicrt. I^fxiafv a T>am f mait. T4xiij|i -do pofx |X)lach.
Imb -DO CO cafifant) -do Eii^p Bncrdtx) a cbomsfiai). ^11 "06 1
rfxifi, 1 cofcti, 1 nomaiT), 1 n'oecbmat'D, 1 nT)omnach. ' Imcoing fe
feom. If nai-om, if fiait, if ficronaife, if aicifit, if feichem
ffiiu. Iff a ogenec^nn, atv ic .u. feora 1 n-ool cafi a ^ef
X)ichniai|\cc. "Oilef a ofolg^ti'o 'oimaich . Coic feoic in offolgsu-D
a rbige 'DicbTnoific, bo 1 n-oecfin inx). X)a|iT;aiT> 1 n'olaf re,
TKxifu; Ilia -od, colp'oacb 1 naifibip,, famatfc lUeicbbe^xc, bo 1
mbeixu, octif ait^in ctiige. Coic feoic 1 n-oul qfii a cech vfn a liaf ,
x>i bfWfitiT) a cofnlaii 'oaficai'o 1 fleifc df , XMxitw; 1 fleifc taaf ,
fomoifc 1 cleit tff , colp.'oacb 1 cleic cuaf , "oaiiic 1 naufifain
ai|vchif, cige, •oaificoi'D 1 naufvfain lap^rhaift cige. Lech I05
enech ca6 5fiai'6 cuaichi 1 n^aic norobiai af a aifilifi ; .niLmcro 1
ti^aic ince. CCufichtiYX f neiB cac tech if 6 co|iOf a aip.lifn Let
•Dijxe f0f,aif fop, in-Dfia- t)ilef octif inT)ief -do bp,titi'D fof- lap-
cije. "Oilef cad fiocho^m, in-olef each nDicha6m. *Oilef op,
ocof cfp-goc ocuf hamai. In-oief each nombtip ca6 fp^t afcofiiif
fop, Idp,. "Ooipc t cpan-D natp.i'oe ciap, •oaiirai'D 1 cpann
naipi-Di "DO chein ociif -oaip,, la haich5in each nae, cix) coein cit)
"Dfco^ni ; -oaipc caca faipe co fpaig.
i7%e ca»t of a *jned.*--This was probobly some sort of spear, such aa th«
* cnai|if ech * mentioned, p. 226, svpra, the cast of "nhich measured tbe extent of
the precinct of eadh grade.
^I'tjurytoitsvalL^Thlt is O'Curry's rendering of tbe phrase 'coda faipe
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CRITII GADHLACU. 313
being driven off. He has four siiits of dothea with him and Crith
his wife. His wife is the daughter of a man of his own grade, ...
being his lawfid first wife. And his oath is good, his binding/ his * ^r* ^n«<*
guarantee, his evidence, his pledge, his loan, his letting {atUfor kite) ;
he is not guilty of** theft, of robbery, or of wounding any person. * Ir With*
Two * cumhols ' are his proportionate stock. A cow with its accom- ^
paniments is the food-rent of his house, both for winter food and
summer food Three are his company in the territory. Throe are
required for him in sick-maintenance. Butter, as a condiment^ he
is always entitled to. He protects his co-grades. JSe has salt
Hesh on third day, on fifth, on ninth, on tenth, and on Sunday.
He makes oath to the amount of six ' seds.' He is a binder, he is
a guarantee, he is a witness, he is a pledge^ he is qualifitd to be a
suitor to that amount." That is his full honor-price^ but he has e jp, p^^
five * seds *Jine for going over his * lis '-fort imlawfully. It is lawful .'**~*
to open it for his good. Five * seds * are the penalty for unlawfully
opening his house ; a cow for looking into it. A * dartaid '-heifer .
is due for a lock of thatch taken from it ; a * dairt '-heifer for taking
two, a ' colpach '-heifer for an armfid, a * samaisc '-heifer for half a
truss, a cow for a truss, and restitution of the straw. Five * seds »
are the penalty for going through his house or his Mias '-house
{cow or slieep-house) by breaking its door, a * dartaid '-heifer for a
lower lath,* a ' dairt '-heifer for an upper lath, a * samhaisc '-heifer * Ir. A wat-
for a lower wattle, a * colpach' heifer for an upper wattle, a 'dairt'- ' * ***
heifer for the front door-post of his house, a ' dartaid '-heifer for
tlie back door-post of his house. Half the honor-price of every (or
any) grade of a territory is due for stealing what may be in it
out of his ' airlis '-enclosure {yard ) ; a seventh for stealing in it.
The cast of a ' sned '' in all dii*ectionsyro9ii his lumse is the proper
extent of his ' airlis '-enclosure. Half * dire '-fine in addition is
due for a ridge. To break on the fioor of his house is lawful and
unlawful. All small breaking is lawful, all large breaking is
unlawful Gold, and silver, and bi^onze ai-e lawful ; all trouglui
and ranges which are more properly on the fioor are unlawful. A
* dairt '-heifer is i/ie jyendlty for injuring the front lintel, a 'dartaid'- •
heifer for the tearing or notching the rerd lintel, together with
restitution of everything, be it small or not small ; a ' dairt '-heifer
for every injury to its wall.'
CO VI'^^i^Si* ''^ ^^' revised translation. In his first translation he was in doubt as
to whether the meaning of * |K(ip,e* was 'carpentry* or * a litter of rushes.* The
whole paragraph is extremely difficult, aud there seems to he a defect in the MS.
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314 Cjxirh 5alila6.
Crith X>itef niHDtef iiai|iiT)i -oo bfiuuT). 'Oilef r^f bef fftm ofvot>f
Gabhlacr. tiiDleff nl bef afixmu oiVT)t>. pofxatm chuile a chumau T>fp,ech
Datfxmi. Moef naa Dia erai|i.
T)t|\ech nfnToct; •warn T)laf T)o cfrni'D orDOffir, TMfiefictp. tecs*
cheficoilt. *0\am •olai 'ooneoch bif ipo ftiiT>iti,'Difieiiafi'Da^anitin.
•Oiam T)lof v\ 6offaib, wixetiap, Do^affaib. 'Otani xAAii -oo
p|\ai5, ctfn fitia -oia effcnfu THoctn CQchufi xxxfi cenT), ffc inti,
ocuf oichsin.
T)ilef octrf iti-oleff t nimnn'o. *Oilef fUfoe ocuf nieifflisi
intii, ocuf cia bfionrafi irrni, co comafi'DDa cinn ifftiiT)iti ; innlef*
intil bef ojityDQ cinn. "Oi 10011155 'Ditietiaicejx feoc ; moD fvaitiu
chiia) let lofimoita.
TTllecb Dicmaiftcc immtiilitinn irifttj^fifi, coic feor, ocuf •oilfe
mine melqfi •Dicmatiicc, octif I05 aenech, Dia coicbne a TKcmom.
*Oia tna bivoTToaT), aineclcmn catch afa af, ocuf aichsin la
caiixgeU fnlerhei.
TYIccDa airh fio b^xonncafx 'wcbmai|icc, bo co TiT>aifiTX a t>af|ie
octif oitgin. *Oilef nf f.o b|\oiiTicai|i inni,ate orDfiaifDm cua|i55aft
fop, la[v, ocuf a ffiecha f 6c fcroeffnei.
•Oifte a fabaiU, coic feor ocuf aichsin conneod fio bfioTiiiraifi
anti. *Of|ie a mucfolacli, coic feoir mticaib octif aich^in.
•Oi|ve a b6la, colp-oaic, a let "bia fiDba, fifa fi imbi ; if
colp^Kid 1 fOltftl.
pep, fochlai av ap,a neipeyi ?
If6 p^ernfbi boaipecbaib iiifin, ap, in m ip6ziex\ a boaipecuf
•DO taupqfieicc ceilf . pop,cpaiT) a cecbpai, a bo, a mucc, a cafpe^
HOT) fo chomlams a chip, fcroeipn, octif Ttcro 6za fxetcc ap, chifi,
m |\ic a leff fODetfin, cabeip, chatip,cpeicc ceil6.
Catci fomc^tne f 6c inn fi|\ fin ?
1 For breaking into hit kitchen. — In. his revised translatioD, Professor 0*Ciirry
translates (with a note of interrogation) * the whole front,* as if he suspected that
the reading should be, * pot\aiitich title,* not * tpoiiomu chutle*? *'Ottiech TtimT)a *
of the next paragraph he appears to have thought might mean ' manv stnppings.*
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CRITH GABIILACH. 315
It is lawful afid unlawful to break lintels. What is lower in CRirif
^position is lawful, what is liigher in position is unlawful. For ^^^]^<'"*
breaking into his kitchen* the * dire '-fine is the same as for the
lintel. It {t/ie hiichen) must be littered with new straw.
Aa to the 'dire*-fine for a bed; should it be stripped of^ lock of
the pillow, there is paid a good pillow. If the part for sitting on w
stripped ofo, lock, a good skin is to he paid ; if it be a lock from the
feet, good shoes {covering) are paid. If it be a lock from the roof '
(or back; that is taken, new straw la to he given to cover it. If it
{tlie offence) be an upsetting, a ' sed ' is rfwe for it, and compensation.
Ofwliat is lawful and unlawful as regards a bed. It is lawful
to sit and recline in it, and though anything be broken in it up
to the level of the head, by sitting ; anything above the level oj
the head is Unlawful. Two Moargs*; a 'sed' is paid, if totally
destroyed, half after that.*
F<yr grinding without leave in a * Bnigh '-man's mill, Me
penalty is five * seds,' and the forfeiture of the meal that is ground
without leave, and his honor-price, should it cause his visitors to
fast. Should it (the mill) be damaged, ik4 Jme is the honor-
price of the i)arty whose it is, and compensation with a pledge for
the grinding.
If it be a kiln that is used* without leave, a cow with a * dairt '- "Ir. /)«».
heifer is its * dire '-fine, with compensation. The xwing of it is *^^'
lawful, loitliout furOier campensationy except so far as what is cast
on the floor, and as to injury to its own sets of implements.
As to the ' dire '-fine for his bam, it is five ' seds,' and compensa-
tion for every thing which is used* in it The * dire '-fine for his
pig-stye is five ' seds ' for the pigs, and compensation.
The Mire '-fine for tising his hachet is a 'col^jach '-heifer, half that
for his wood axe^ before fencing time; it is a ^colpach '-heifer for
that
A * fer fothla*^chief, why is he so called 1
He is the leader of the * boaire '-class, because his * boaire '-
ship extends to giving proportionate stock to tenants. The excess
of his cattle, i.e. his cows, his hogs, his sheep, which his own
lands cannot sustain, and which he cannot sell for land, and which
he does not himself require, he gives as the proportionate stock of
tenants.
What are the profits of that man's * seds ' ?
> After that. — The original of this paragraph is very obscure, and the trans-
lation, to a great extent, conjectural. . .
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316 Gitich ^aRat.
Gabh^gh ^"^«^"^ SpatYi vUh y I05 ^Ofita cacha W t)o gfiAn afxbtf bii-o ;
— ' aji m "olis atchech mbfiait coixpplaich.
Cejpc — Cum if plcnc cm i;cciT;hech -oin boaifiechuf ? 1 DT)ttl ir
|?jfiit paichce. In can mbif T)iabol nairvechT>efai laif , iff ann ir
aijii "Dlffa Twa nepefi boaifie fiemibi boaifiechaibh ; befXi'D vuh
•DejXfcu^uT) Twa caufiqiia ceileu nach aijieDCffa ; coni'o |\oib.T)e-
flxiTie .1. T>]abol naip.fcli'oeufa. Ochc feoc tUoJ a enech. tJi a[\
mfia^f efi fiiatn in can -oln Diablaf peib mbouifvech, if ant) if ai]xi
•oefa ; afi ni cumfcaigi ainm n^fiaix) DOf om cia tk) fiofimai oc
ineclonn co fin ohall. Imcoin^ ochc feocu. If nai-om, if fiaic.
If aicifii, If fechein, if fioDnafe ffiiu. Cecheofia cumalai a
chafiaqieic bo cona cimcha^ cecbla blia^nan b4f a ci§i;
cdpach fifienn tee iii tnbliaDain naili. Un. qfiai^ix) pcic
d Chech ; a .tui. nDec a ai|ichai. Cechyiafi Un a 'oanoa ; im
CO cafif tin v6 vo 5|i^f. Cech|ia|i v6 pop. folach. puyiftinDuc
cechjiaip.. 3all -do hi cfieifi, 1 -u.ci, in noinaD, 1 nDechinaiDh, 1
nDomnach. If -oin gfia-o fo afvcain penechuf ; X)Ii5itx fip.-
flaice fOficpaiT) f0f\ |\6i^\ pinroe. Ro f aigh anplaich let aich^in
moine nio^eff ; niana -oeid f eoic foefiaic, fegaicii. feoic ctm-oafita
combf 05 nmnpaic naichgina, a|\ ic baill lee 6 ]ftxill necfniachc .
CCifxe coif|iin5 cw ap.a nepeix? (X]\ inni conf^ien^a cuoch
octif fii octif fenoT) cap. cenn a cheniuil na "olis a flan T)6ib
fo^x capa b6l. CCchc ocn-oainiec "oo chuifech octif aiiplabpai
jxemib. If he aipe pne innfin jcobeip ^ell rap ceann a fine 'oo
1115, ocuf feno-D, ocuf aef cep'O'D, -010 ciniop^^ain -do p.eip,.
Cta ni4ic in 51II vo bep ? Jell coic foofc "oineoc fio-o mbf, t)i
ap55ac, no unia, no ibup.
» UtUil he is a ^JhiUi^-chie/.^Thai is (according to Professor O'Currj*) not being
an original landowner or *■ flaitb/ but only a kind of tenant himself, he is not entitled
to receive malt in return for his cattle let ont, as tlie *flaith* is for his lands, bat
only to corn.
■ A true yreen — That is (remarks Professor O'Curry), vhen his green or uiviolate
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CRITH GABULACH, 317
A profit of grain is got by them ; the value of the milk of each CBiin
cow in com grain, he gets br/ t/iem ; for an < aithech-tenant ' is Gaiuitacm.
not entitled to malt, until he is a ' flaith '-chief.'
Question. — When does the ' aithech '-tenant become a chief
leaving* the 'bo-airech'-ship1 Upon going into a true green* when • Ir. Out of,
he has double as much as the * aire desa/ it is then he is an ' aire^
desa,' who is called a ' bo-aire' that takes precedence of * bo-aire'-
chiefs : he them excels by giving proportionate stock to the tenants
of any 'aire desa '-chief, and this makes the difiei'ence, Le. double
what tho 'aire desa' has. Eight 'seds' are his honor-price. It is not
among 'brughaidh '-men he is counted, when he doubles the property
of a * bo-aire,' it is then he is an ' aire-desa ' ; fop the name of his
grade does not change tho:ugh his honor-price increases up to that.
He swears to eight ' sods.' He is a binder, a guarantee, a pledge^
a party to a suit, and a witness to that extent. Four * cumhals'
are his proportionate stock. A cow with its accompanimentR
is the food-rent of his house every second year ; a male ' colpach '-
heifer with her the other year. Twenty-seven feet are the dimenr
siana of his house, seventeen feet of his backhouse {kitchen).
Four is the number of his company ; butter witli condiment is due
to him at all times. Four are due for aU^idance on him in sick
maintenance. Food for four is required. Salt meat for him w
dus on third day, on fifth, on ninth, on tenth, on Simdays. It
is of this grade the ' Fenechiis '-law says : *^ The true chiefs are
entitled to the full in accordance with numbering. The ' anflaith '-
chief receives but half compensation for property which accumulates ; '
where ten < seds ' free, it is five ' seds ' of contract he receives,
which amount to a perfect faithful restitution ;' for one half dies
in fault of the forcible rule? (or loidehip 1) "
Why is the * aire-coisring'-chief so called 1 Because that he binds
people, king, and synod in behalf of his tribe {ki7idred)y in their
rights of safety by verbal engagements. But they concede to him
leadership, and a right to s^jeak before (or for) them. He is the
family-chief then ; he gives a pledge for his family to king, and synod,
and professional mcn,^ to restrain them in obedience to t/ie law.
What is amount of the pledge he gives 1 A pledge of five ' seds '
of whatever kind it may be, of silver, or of bronze, or of yew.
lawn should consist of four fields at th« fonr points around his honse, whereas, in his
rank of * hoaire,* his ' air-lis* (yard) extended but the cast of a wand all round.
' A perfect Jaith/Ul rtttitution, — ^The clause may mean *'so that he be perfectly
worthy of whole compensation.*
« The forcible rule. — **paill Tiecfmachc ** may also mean ** unlawful neglect"
» Professional men. — That is, literary professors, people of any trade or art, other
than farmers of land.
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318 Ciiich ^aBtad.
CwtH CoceftdnasitL
Gabblacii. 1^ V. ^
Do cacha cnT)chi fio pa i;a|i cenn ropxx cim>nagoq[i centi ; co
'DechtnaiT) paiUem in 51II ocaf in nefxicc a piimia, ocaf I65
a enech lafi na micco lap^fai-wu, mcco a gell coiyi tk) fvccca. Of
mcro TK) ficccDa pofiqiai-o ngiH, if I05 a enech octif a gell flcm
cona faiUem tK) aiftcc amail fO'D'oain.
Cefc ctiin -Di ruiTX o gellP . .
•Oiamfff.
Coirce a flan amail fo-oain ?
bo cecha aiDchi |xo fia |io f6llaip:i|x cafi cenn neich cen jelt
cen fo^ell -oe, amel afinT>|iuba|icma|i ; coic feoc, t)an, co T>e6-
.mai-o CO fo chtvi, an cuchx: fin, ife flan a giU info. Iff^, tkhi,
faiUem a f^c iMon va fefia 1 cumrach. Hoi feoix; a enechdann.
If noiDm, if fiaich, if fiaT>naife, if fechem» if ainfii ff\iiti. Coic
crnnal a tatificiieicc. bo cona chimta^ octif colp^ac fifienx)
cona fOffaifX 1 nsaimp^iti'D, co fambtoT), b6f a chige. 'Cech
cfiichac rjiai^^e-o, co nifidai noi rfvoi^eT) niieacc. Coicciufi a
tKunam. Imb -do, fefxccol rafifain. 8all "oo 1 cp.iffi, 1 coicci-o
1 nomaiT), 1 nT)ecniait>, in n'oomnach. If 65 105 a inech cech ^fiaiT)
t)ifonn mam anficfiiac a polaiT) .1. a|^ nd cofichaifec if nctib
fechraib hi caicer; enech caich.
Caceoc fi-oe ? *
Win — CC a6|x, 1 cofijgobail cen jell T)ia in£aib, gu pla^naifi,
^fl cefc, ailfeD naDma, eltiT> fiochai^if , "oul q[iia oictiii im nf
XA chtiac ftiifii, cacc fofi a enech.
Cefc — cw T)i nig t>i fnfiaib neich inna .ufi. fat
W\x\ — Tlach fal aflenna ainech •otiine biic a qxi oca xtifinach
.1. flefc, ocuf iifce, ocuf anafic. Ifeo if flefc c6c [amiif],'p6ifiT;iu
^ Negltcted^^VTolassoT O'Curry remarks here, **If any one of hb people for
whoee good conduct he has given a pledge, should break it, the pledge becomes
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CRITU aABULzVOH. 319
What is the security of his pledge I Ciuni
A cow every night is given for every one for whom the pledge "'^^'^
is given ; as for as ten nights is the interest of the pledge and
of the * eric '-fine of his act, and his honor-price according to
hia dignity besides, if it is a proiKjr pledge that is given. And if
an excess of pledge has been given, it is his honor-price, and his
pledge safely with its interest, that is to be restored to him in the
same way.
Question. — ^When does his pledge become forfeit 1* * Ir. Fall
After a month.
What is his security then t
A cow every night is given for what has been neglected' to be
given for eveiy one for whom there is not* pledge or word (judgment), b ir. WUh-
as we have said; five ' sods,' now, as far us thrice ten nights, on this ^^"
occasion, is the security of his pledge in this case. This, tlien, is the
intei-est of his * seds ' if he has given them away in a cover {or •
box). Nine * seds * are his honor-price. He is a binder,' he is a * Ir. KnoU
guarantee, he is a witness, he is a party to a suit, he is a pledge to
that extent. Five 'cumhals' are his proportionate stock. A
cow with its accompaniments, and a male ^ colpach '-heifer with
its proportion of other food in winter, together with summer food,
is the food-rent of his house. Re hoe a house of thirty feet, with
a backhouse of nineteen feet. Five are his company. He is
entitled to butter,* with salted venison. Salt meat i* due for him * Ir. Butur
on third day, on fifth, on ninth, on tenth, on Sunday. The honor- -^ **"
price of every grade of these is perfect unless their qualifications
diminish, Le. if they have not fallen intp any of the seven things
by which the honor of each is forfeited. '
What are they?
Answer. — ^To be satirized, to be arrested and have no pledge to
release him,* fiJse evidence, fEilse character, intentionally defective • Ir. Witk-
binding, evading guarantceship, to break through His pledge for /^ J^/a^
anything for which he went security, to befoul his honor.
Question, — ^What is it that washes from a person's face (honour)
these seven things 1
Answer. — ^Every foulness that adheres to a person's honor,
there are three things to wasli off, viz.y soap, and water, and linen
doth. What soap, is firstly, is a confession of the misdeeds in
forfeited after a month, if not saved by the transgressor's depositiog a new pledge,
jor by an offer to submit the case for legal judgment
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320 Ctiich 'gablac.
Critii in miT)4nmai pa T)o{nib, ocuf in gell ndD f tJipii n>'"« aichefiacb.
Gabhlach. ^^ ^jj^, imofif\o, fee nech acball ?:^i,a misnimitt. OCnofVC, penaic
in miT>enniai, |\e|i leboix.
1u6 poDlai boqifvech infp. "Cepec each n^iioTD bef fp.iicliiu
alaill.
If mfifunn vo Wfcanaicu stxat'oa \nwa plaite.
Pop,uf |:l(n:ba .1. i^aich p -oeif eo fife.
Ciflift pmllecca foi> fuitib ? CC fechr.
GctccffC? CCip.1 -D^ffa, oifii eccai, aifxe afiTiT), aip.i cafi,
aifii fofxssaill, cdnaifi fife, oetif fife.
CiT) nQcqif aeficro ? CC n-oeif a n-oligiT), cad oe cit) becc cn-o
moofi.
Caifi— -CaiTXi "oeff plarhai? "O^g vUpv com'Dicin "Dana.
*Oichuf fin cecheofiai "DCip 7)0 plaiuib, 6en chom'oinu rbuaite ;
a "odn 1 uuaiu, im "odn cufp]; no cdnaip rhaifi5 fechip 'ooin
t)ib ; a ceili gfalnai ; a f oep. cheili ; a f emclecbe ; impaebaip.
each ^lallnai eifiinnfu ; glenomon botaif ocaf frtin)fiif fo a
clfx i;abeip.,ap. ic moo a mufne fnairhim. THa beicb f:o^ani -otib "oo
flairbib co pdmaT) nad, ic bochaig, ic piT)p.i ; ic fenclece
lafimotg.
CCifii DCfa ciT) ap.a nepefi ?
CCp. in-Di If na T)6if Difienafi. tltmta boaifii, if T)ia baaib
'Di|\enafifi'6i.
Gain corhadc aip^eg -o^f a ?
*Oeieb cell leif ; coic c6li ^lallna, octif coic f aep,c^i. CC cofc
cell pallna 'oli^i'd biarhax) naificenn vo each ae. bd cona
cimtuc, ocuf colp-oach pp,enn, ocuf qai T)a]iraiT)i each gaim^xiT)
cona faiminbiUT) vo 6 .ti. celt jialnai. *Ocich lanamna a cofiuf
fofi cuf o calain'D co hinixx. Of he mac aipec octif one aipech,
eo chochachc a chigi, iui]\ fOffaii\ ocuf fuifiipet) ocuf enncai.
1 A *Jfaith''ckie/.-^Tot "pofiuf vtai^bci,*^ 499, reads "ooTVUf flata/
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CUITU GABIILACE. 321
the presence of i>coi)le, and giving the pledge not to return to them Cbith
again. The water now, is tlie payment of compensation for what GASHLAcn.
suffered through hia misdeeds. The linen cloth is the penance
for the misdeeds, according to books.
These are the divisions of the ' bo-airechs.' Every higher grade
takes precedence of the other.
It is after these, the grades of the * flaith '-chiefs commence.
The 'forus' of a ' flaith '-chief,* viz., a ' flaith '-chief from a
* deis '-chief to a king.
How many subdivisions are there of these ? Seven.
Which are they ? * Aire dcsa,* ' aire echtai,* ' aiic ard,' * aire
tuisi,' 'aire forgaile,' a tanist of a king, and a king;
What ennobles them? Their * deis '-right, the privileges of
each whether small or great.
Question. — What is the ' deis '-right of a chief? The goodly
riglit to protect his office or rank. There are four * deis '-rights
prescribed for * flaith '-chiefs. The ancient protection of the
people (or territm^,) is his office in the territory, together with
the office of leader or * tanist '-leader of the armi/, whichever
office it may be ; 0/ his 'giallna '-tenants, his * saer '-tenants, his
* sen-cleithe '-tenants ; the punishment of every imperfect service ;
the following of cottier tenants and * fuidhir '-tenants which he
brings upon his fand, because his wealth is the greater and better.
If thei-e be service fix)m them to * flaith '-chiefs to nine times
nine years, they are cottiers and * fuidhir '-tenants ; they ai'O * sen-
cleithe '-tenants from that out.
Why is the * aii-e desa '-chief so called 1 <
Because of the fact that it is on account of his * deis '-rights he
is paid * dire '-fine. Not so the * bo-aii'e '-chief, it is in right of
his cows he is paid ' dire '-fine.
What is the property of an ' aire desa '-chief?
He has ten tenants ; five 'giallna'-tenants, and five. ' saer '-tenants.
As to his five ' giaJlna '-tenants, he is entitled to a fixed amount
of food from each of them. A cow with its accompaniments, and
a male 'colpach '-heifer, and three * dartaid '-heifers, every winter,
with his summer food, are due to him from each o/* ( ? ) his five
'giallna'-tenants. Ten couples are his right company at feasting
from the calends {beginning ofiJie year) to Shrovetide. And he is
the son of an *aire,' and the grandson of an *aire,' with the
property of his house, both bed and supper and washing.* He has
> Bed and supper and toashing, — This is O^Ciutt's revifled traodation of the
terms, * pof [xiiii/ * pui|ii|\e'D,* and * enncai.'
VOL. IV. . Y
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322 Ctiich 'gablac-
Crith "Cech .tiff. ctiaigeT) .xx, ir, co naifi6ai cof]x, ochc ninim'oaf cono
Gaphlach. ^nchufi ann ; efqxai, caifii, coTia Idn lefCficti chtgi ontiec, im -oa-
t>ai^. tm'Dich 'Dli^iti'o a cheiliti ancaib coifi cain, caifXT)^)!, con-
neoch a caUen. Lepait) •oalcu comaluuQ, pufi, mnai, tnacc, in^in.
CCua fuiTMa pop. fobuf lajv cop^tif pine octif riiaiti ocuf ploca
ocdf eclafa ocuf fiedicjai ocuf chaifiD-oi. 66 ctimala a xxxofv-
qfveicc 6 plait. X)i bai cona chlmixcchcai Wp a clngi i n^onm,
cona paimbiuT). Och pliapca comccoap, co pp,ian ap.55aii:. Cedoft
ech laip CO nglap pp.ianaib, octip ctouoelgs nan^ga. Ceu-
mmnce^x'oliscech comchenitiil com-oap pon o6n cimtach ; .x. peofc
a enechclann. Immupcoing, ip naiT)m, ip fioch, ip oii^ipi, ip
peicbem, ip picronaipe pfiiii. 8eippe|\ a •oam i ruonuh. Imb -od
'Dogprepcocafipan'opaillo. Ippi plait mucleiche inpin. 6eppi|x
vo pop polacb. poppugcro peippip.. Imb ociip pall -do i ti'Dippi,
1 qfwppi, 1 coici-D, 1 nomaiT),! n-oechmai-o, i n-oomnach.
CiT) -00 bep,na .x. peouii -oo T)ip.fu in npp, pin ?
C6ic peoic a tige pa-oeppin ceramup ; ociip a c6ic ap in coic cfge.
CC -DiT) ngiallna cen nf. CCpcp.ia no apclia a aipechup T)i polcaib
beccaib ocup mopaim, ap, nd-oia p.echc p.alrap,.
CCip,e eccai cit) op.a nepep. ? CCp, in-oi ap naip,e c6icip, pacaba|\
ppi •oentJin n^cbca i caip.'ODiti co cenn mfp, t)i "Disal enech|xqccai
maiti Dia n-o^nuap, •o^'oensuin •ouine. ITlani Definau cocenn mfp*
t)0 cio^oc pop, caip-DTJi, nallenai: a lepcbai ctiucal anall. Cia
p^ongonac -ooine "Din chaip-D-Diti in coiciii^\ checnai, apconip,en aip,t
ecca capa cenn. Ma ceic tip na htimac aipi inT), ache lepcp,a,
lo$a bo. beiptiup Dan T)ia naiftiritii:h pechuaip, co cenn caip-oi ap
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CRITH aABHLACH. 323
a house of twentj-seven foet with a proper backhouse ; he has eight CRixn
beds with their furniture in it, water vessels, a cauldron with the Qab|"*^ch«
full complement of vessels befitting* an ' airech's ' house, with a vat. ' Ir. OJ,
He protects the rights of his tenants in all just suits of 'cain'-law,
and ' cairde '-law, as far as he is able. He has beds for a foster-child,
a schoolfellow, man, woman, boy, girl. Ho is con^ectly ordered
in the ^ corns '-law of family, and of territory, of chief, and of
church, and of geneial law, and of * cairde '-regulations. Six
'cumhals' is his proportionate stock from his chief. Two cows
with their accompaniment is the food-rent of his house in winter,
with his summer food. He has a riding steed becoming hia
rank, with a silver bridle. Four steeds has he besides with
green bridles, and a precious brooch wortli an ounce. JHe has
a lawful suitable first wife of equal family, and with the same
clothes ; ten * seds ' are his honor-price. He makes oath, he is a
binder, he is a guarantee, he is a pledge, he is a party in a suit,
and a witness to that extent.^ Six is his company or suite in the ^ Ir. For
territory. He is entitled to butter at all times, with condiment of "*•
salt meat. He is the ' Mudeithe '-chief. ^ Six attendants for him
are due in sick maintenance. He is entitled to support for six.
Butter and salt (or fat) fiesh are to be provided for him on second
day, on third, on fifth, on ninth, on tenth, and on Sunday.
"What is it that gives ten * seds ' ' dire '-fine of this manl
There (vre five 5 seds * for (t» right of) his own house firstly ; and
five out of the five houses. • ♦ * Everything avails him
which he purchases or which he adds to his *airech'-ship of small
property and great, provided it is not unlawfully they are acquired.
"Why is the *airo echta '-chief so called ? Because it is aa the
chief of five men he is assigned to perform a deed in a place
where interritorial regulations exist to the end of a month, to
avenge the insult offered to a territory in which a person wafl
lately killed. If they do not perform it before* the end of a month, , j^ ^,^
they come under the interritorial regulations, so that their beds
follow them not over. Should thet/ have killed a j^erson tmder
the interritorial regulations, as to the same five men, the 'aire
echta '-chief pays for them. Land or ridge goes not for this, but
only vessels, the value of a cow. They are now carried to be fed
1 ' MudeiAe^'Chi*-/, That is (says Professor O'Curry), a man whose mother was
the daughter of a * Sen-cleithe' (old stander), and consequently of Inferior degree.
s They are acquired. — This is Professor O'Curry's second and revised translation
of this very obscure passage.
VOL. IV. ^2
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324 Cjuch ^ablac.
CsTTH ifti a ctiOTnatfise octif a cha|\ac. CC -Dam ocuf a |X)lach amait
CCifie afitro av afia nepe]\? ' CCfi in-oi qp nafi'D'oti ol-odf aifie
t)6fa ocuf aftie 'ooqp^r. piche ceili I6if ; .x. ceilepatltia ocuf
.X. faejiceilt. CC •oeich ceili gialnai, T)i bai cona ciwrhti^ t)o
tiuaf'Dib, ocuf Cfvi colpach'oai pfiinn, octif coic ■ociftrai'Di caich
^aimfiiT), cona fanimbni'D. CCftcmiiechep, a deltii cup, ocuf
chai|iT)Diu each ngfioT) af ir nifliii biiT) T)d i ceilfine. C6ic feor
.X. loj a enech. ImmtiiToiTi^, if Tia{T)ni, if )\aiu1iy if aicipt, if
pechem, If fioDnaifi ffiiti.
CiT> w beifx c6ic feocu .x. -do aitieclann t)on fifif o ?
C6ic feoc T)6 c6T)iif , ap, rochacc i C151 fa-oefin ; fer ceca c^ili
•010 tiT)li5 biathat naipcenncai. TTlopfefep, a THWin in-o o
mairh, coic fip, foleich. Imb co capfutiti -ooib "oo^peff.
Tllopfeptiix pop folud. pofftigu'D mopfepp.. 8aU ocof 1111b
t>o CO rafftinn 1 n-oini, 1 cpifff , 1 c6icit), [1 nomai'o], 1 ti'oechmait),
1 n'oomnach. .U11. ctimala a cbaupac^ieic. 'Ceoipbai conauimrhac
b^f a catgi. .PCac lafiamam a c6ptjf fojx ctii o calain'o co inir.
CCipi ciitp cex> ap.i tiepep? CCp iitdi if uotfech a cinml, ocuf
-DOf^c aipi fiapT)!). .Uii. ceili .xx. laf ui-oi, c6ic ceili .x. jialtia, Da
foep.c6li .X. laif . CC ch6ili gialna, cecheoip, bai cona cimthuch
•DO h6aT)aib, ociif .u. colpacha fipinn, ocuf f6 •oaipn'oi each
^aimp.i'o, coniT) fdmbiuT). Ocbc cuinala a chaupc|ieic 6 ^115.
Cecheoip, bai cona cimcac b^f a caigi. Ochrap, a t)dni ina
cuaich ; f eiptip f 6leidii. linb co ca^^ftinn -do vo 5pef . Ochcap.
fop. foltich, foff uguT) oclicaip. Itnb -do corapf unn, ocuf coi^im
1 * Aire ard '.chief.— That is Uie «• high * aire.' "
' He binds his tenants. — That is, he makes, or confirms, their engagements and
bargains.
» His hatfcompamf. — On this Professor O'Curry remarks — ^'•Erery gentleman,
according to his rank, was entitled to entertainment for himself and his prescribed
company for one night in any house in the territory. Were he to stay longer, he
could keep but half hli company, and one, two, &c., in addition according to role.
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CRITH QABHLACH. 325
outside to the end of the * caiixle'-regulations a^icording to the number Cftixii
of their dependents and friends. His company and his sick-main- ^-^"J^^"-
tenanoe are by law like those of the ' aire desa/
Why is the ' aire ard '-chief* so called ? Because of the fact
that he is higher than the ' aire desa ' and it is him he precedes.
Twenty tenants has he; ten ' giallna '-tenants, and ten 'saer'-
tenants. His ten 'giallna '-tenants are bound to give him* two • Ir. To
cows with their accompaniment and three male * colpach '-heifers ^J^
and five * dartaid '-heifers every winter, together with his summer-
food. He binds his tenants as to the engagements and * cairde '-
regulations of every lower grade which he has in tenancy. Fifteen
' seds ' is his honor-price. He is an oath, a binder, a guarantee, a
pledge, a party to a suit, and a witness to that extent.
What gives this man fifteen *seds ' as his honor-price 1
Five * seds ' are due for liim, firstly for the propei-ty of his own
hoiise ; a ' sed ' for eveiy tenant fi'om whom he is entitled to stipu-
lated feeding. Seven is \mfidl company in his territory, five men
his half co^n/pany.^ Butter with salt is always provided for them.
Seven are his attendance in sick-maintenance. The maintenance
of seven is due to him. Salt (or fat) meat and butter with salt are
supplied to him on second day, on third, on fifth, on ninth, on
tenth, and on Sundays. Seven 'cumhals' is his proportionate
stock. Three cows with their accompaniment is the food-rent of
his house. Twenty couples are his right on a feasting (* coshering ') .
fix>m Calends to Shrovetide.
The 'aire tuisi '-chief wliy is he so cfllled? Because his race
lias precedence and he takes precedence of the 'aire ard '-chief.
He has twenty-seven tenants, fifteen ' giallna '-tenants and
twelve ' saer '-tenants. As to hia ' giallna '-tenants, four cowa
with their accompaniment are due to him from them, and five male
' colpach '-heifers and six * dartaid '-heifers every winter, together
with his summer food. Eight ' cumhals ' is his proportionate
stock from a king. Four cows with their accompaniment are
the food-rent of his house. Eight is his company in his terri-
tory; six his half company. Butter with salt is due to him
at all times. Eight attetidants upon sick-maintenance are due to
Vide, C. 1528. In bia first translation he seemed to consider '|?oteich' as
equivalent to ' pop.ple'D,* and explained it as a * feast to which the *aire' was in-
vited outside his own territory.' In C. 73-76, the word occurs in connexion with
the term * airecht,^ a ' court' or * assembly/ and is explained as meaning ' a court
that is by itself (apart) scrutinizing what is right* *'
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326 Cjiicli ^ablac.
Chith no ajpf, afi it: gella, i nt)iff, i qiiffi, i c6ici'd [i noTnoi-ol,
"^^"^ iiT)ectimaiT), i fiDomnach. pidi feoc o enectoim. ImmufCoiTiTg, i|»
TiaiT)m, If fiairh, if airtfit, if fechem, if fioronaifi fjiiii. CCc
comfien tna raqxa, cen ontvech ceti aiplicu'D. "C^iicha Oancmina
aice fofi cdi 6 calaiiiT) co hinix; ; ap, if a Uti bioroca bff t-fn
fOfi cdi. Hoi qaai^e-o .xx. a c§ch ; a n6i .x. a aifichai. Ochc
niniT)ai ifin nj, cona T105 cincafi ngi oifiig cijip, im f6 bfxocli-
|iacha cona c6|itif nnccnfi infi coftcailli ociif ^onmniti imiTW .
Sfiertia c6f.ai ifin cij; oifiobofi each m^ix;, ocuf lo^vn each
^nima, ocuf htinia lefqxai im choifii 1 calla b6in co cinne.
C61I1 coeni[c]eccai laif , 1 f 6op,|vaT;liaib fvi^. "Oa €chfp.lan .x. iin
[f ]tMan noi|\, alaili afiggaic. Ui aiffc do t>|\a6c;li, milchi], laech-
|iafD, o|icca, Ua a ben. birhi acceD cecha laubfiai, la cqiochafv
cona 65 co|\tif Dligfo. 'Oa dapal do fop, cfeo. Ceonuinretv co
c6f\tif I6n fiocua lonamna comceniuiU Combi Ian con^s^am 1
ruait, DO afDboenaib, do noiUe^oib, do gill, do ^allDo caiiVDia
cafi cenn ciniuil cap, cpich, ocuf 1 rech flata. CCpneoc c6fttit*
ipp&fch a auhap, ocuf a fenctchap. 'Ooctinibais a flan afva
^pnep,c. popcoin^ pop, i^poD apD niflm, ocof fOfefxnnoc a
ndiUiJ.
Ctipe fopESaill aD otia nepep, ? CCp, if be fopcgella fop na
SpoDa DO ivuipniifem, nach oipm inDa cochpachap imim fena,
buaipe af nuaiff a febuf inDoca a cell. Cecbtiaca c6ili la fUiDe ;
pcbi ceK giallna, ocuf fici foepc6ili. CC fichi ^lalnai, coic bai
cona dmuog do huoDoib, ocuf f4 colpDatje ppinn, octif noi
» tiruhaut <f«fay.— The Irish 'cen aipech* might alio mean, " without any one
.haying to pay them for him/'
» mrtp couplet, -This does not hold good here. The number of his tenants ia
27, and his number'on the * coshering' or visitation feeding should be tbe same.
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twun.
CRITH GABHLACH. 327
him, and the mamtenanoe of eight Butter with salt is dv^ Cbitii
to him, and ale or milk, for which a pledge has been given, on -^^Jl^"*
second day, on third, on fifth, on ninth, on tenth, and on Sunday.
Twenty * seds** w his honor-price. He is an oath, he is a binder,
lie is a guarantee, he is a pledge, he is a party to a suit, and
a witness to that extent. He pays, if he is sued^ without
delay,' and without borrowing. Thirty couples' he has on a
feasting (cosherivg) from the Calends to Shrovetide j for it is as the
number of those fed by him his number upon a feasting is. Twenty-
nine feet are the dimensions q/*his house ; nineteen feet q/'his back-
house {kitchen or larder). Eight beds are in the house, with their
proper furniture, as required for the house of an ^aire tuisi'-
chief, with six couches and* their proper fumitui'^, botli* pillows air. iTtrt.
and sitting skins.' Proper ranges are in the house, yew vessels* of ^ Ir. JB«-
every size, and iron for every work, and bronze vessels, together
with a boile.r in which a cow and a hog will fit. He has a compa-
nion tenant in receipt of ' saer * stock from a king. He has twelve
bridle-steeds, with a golden bridle, and another of silver. It is no
disgrace (or trespass) to him to have a pet hog, a greyhound, a calf, a
lapdog with his wife. He has implements for every kind of work,
with the implements for ploughing, with all things that lawfully
appertain to them. He has two horses upon the road. He has a
fii-st wife in the fiill propriety of the law of marriage, one of equal
family (or i*ace) with himself. So that he has full assistance in
the territory as regards prosecutors, swearers, pledges, hostages to
he given in cases o/*interterritorial regulations, for {on account of)
his family {or tribe) beyond the territory, and into the house of
a chie£ He makes {assists at moMng) ' corns '-arrangements in
the ' raith '-right of his father and grandfather. He recovers their
guarantee by his own power. He swears for the grades that are
lower than himself, and he dissolves (or arranges) their oaths.
The *aire forgaill '-chief, why so named? Because it is he
that testifies to the cliaracter of the grades we have enumerated,
in every case in which denial of a charge is sought, because
his quality is superior to that of his companions {brother.
* aires*). He has forty tenants; twenty ^ giallna '-tenants,
and twenty ' saer '-tenants. He has five cows with their ac-
companiment from his twenty ' gialln a '-tenants, and six male
' colpach '-heifers, and nine 'dartaid '-heifers every winter, together
' Sitting sJcini. — That is (Professor 0*Curry remarks) ** skins stuffed withfeatliers.'*
* Yew vessels, — For * oifioboifi * of the text, C. 603, reads • atiibop/
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328 Cjiicli ^ablac.
CBim noaificaiTM ce6 5aiin)iit> cona fcnnmbiu'O. Coic feoc Y>4ac o
Oabhlach. enechdonn. Ifnmtjrcoins, if na.T>ni. if noc, if aictixi. if |»cheni.
If i?icrDnaifi pfiiu. pefitof cen aiyiec cen aifilicuT) cia chaccfiai-
"Moi cumala a chauixqfveicc o ma^x plaic. C6ic bai cona t;liiint:ti§
b6f a chige. Tlonbup, a •odm intia cuac ; mo|if ef eft \x> leche
Imm -00 CO caixf on, octif faill, ocuf cuip,ni no aff, ap. \z geLtai,
1 n-Diffi, 1 cp.iffi> < coiccfo, in nomat), i n'oecniaiT), i mjomnach.
141160 ijfiaigeD a T:ec .xx. Cfiaige'D a ii\cai . CC x^eata^ rise, a fotux)
a clete,,a ec[h]nxein, a comopap. cac |iaiclie> a cermuincefxur
a copaif 'oligi'D.
Txmaffi p.is ceo a|ia nepep. ? CCfx in-ol ffxipaicci ruach huili T)o
ivi^iti cen copntjm nfiif.' Coic fenclerhe fOficjiaiT) laifp fech
ai|\i5 ifX)fX55aill. *Oechnenbtip. a •cam 1 mait, ocrap, poleiri,
Dechnenbup, ifx)[p.] t^olacb, co cema d6p,iif ; co nfnnp^uctif cleite,
collfn eocli|\ai'De, co comopap, cec p.aic1ie, co cecnitiinrep,tif
'oligi'd. *Oech cumalai a chaup,cp.ecc ; f6 bai b6f a ti^e. 'Cp.ida
fee a enechclonn. Immufcom^, if naiT)in, if fiairh, if aicip-i, if
fechem, if ficronaife ppiu. pep.T:hof cen aip.ec, cen aip.luccti'D,
ciataqxai. ^
Hi a-D ap.a nepep, ? CCp. in-oi p-igep chumacnji ctinnfiig fop. a
ttiarai.
Caip^ — Ciflip. fOT)lai pop, fiigaib? TJeoip, poDla. Cauear?
U11 benn, fif buT)ein, fti btinait) cac cinn. RiC benn ceroinuf, ce^o
afia nepep.? If be fti cuarbi inptn laf mbiac .uii. n^fiaiT) yene
cona fOfODlaibi c^ilfine ; ap. ic be benna flata -do fiuifimifium.
.U11. ctimalai a enecbclann, ctimal ce6 pfiim^fiai-o bif fo a
6uma£ru. Imufcom^, if nat'om, if fiat, if ainfti, if fccbeni, if
fiffonuife ffiia. pe^xtof cen aifiec cen ap-licctiT), cia racfia. *0a
fe\\ vec a jyam na niairh ; nonbujx, foleirbi. *Oecbenbiifx po^i
folach, foft a coyiuf biara. *0i cmnal .x. a catificfieicc ; fe ba
b6f a cbige.
^ The power 0/ binding over his people. — O^Curry in hia second translation renders
this clause ** The power of castigation over his territories. •*
• A long of hills. — ^The word * beann ' incaus " peaks, bills, horns, spears." It
might mean here hills on which meetings or assemblies were held. Vide C. 22C^
where the * Crith gabhlach* is referred to as a part of the * Senchus Mor,* and where
several explanations of ' \\\ beaiTo' are given.
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CRITH aABHLACn. 329
with his summer-food. Fifteen ' seds ' is his honor-price. He makes Critr
oath, he is a binder, a pledge, a party to a suit, and a witness to that Gabulach.
extent. He pays when saod, without any one having to pay for him,
without borrowing. Nine * cumhals' are his propoHionate stock
from a great chief. Five cows with tlieir accompaniment is the
food-rent of his house. Nine is his company in his territory ; seven
h^B half company. He is entitled to butter with salt, and salt meat,
and ale or milk, for they are given to him, on second day, on third,
on fifth, on ninth, on tenth, on Sunday. Thirty feet is Ike length
of his house, twenty feet that of his backhouse. Ife has his house
furniture in small things, or large things, his bridle steeds, his im-
plements for every quarter, his first wife according to the propriety
of law.
The ' tanist ' of a king, why is he so called 1 Because he has a right
to rule the whole territory without opposition to him. He has five
* sencleithe' -tenants more than the 'aire forgaiU'-chief. Ten is his
company in the territory, eight his half company ^ ten attendants in
case of sick maintenance, according to former i-egulations ; with
fitness of famiiure in large articles, with his full complement of
horses, with the implements for work of each quarter of the year,
with a lawful first wife. Ten * cumhals ' is his pi'oportionato
stock ; six cows are the food-rent of his house. Thirty * seds ' are
his honor-price. He makes oath, is a binder, a guai*antee, a pledge,
a party to a suit, and a witness to that extent. He pays without
any one paying for him, without borrowing, if he is sued.
A king, why so called ? Because he possesses the power of
binding over his people.*
Question. — How many are the divisions of kings 1 Three divi-
sions. Which are they 1 A king of hills^ (or horns), a king of com-
panies, a Icing the source (or foundation) of e veiy head (chief). Tlie
king of hills firat, why so called 1 He is the king of a territory (or
tribe) who has the seven grades of Feine, with their divisions as
tenants ; for they are the hills of a chief which we have mentioned.
Seven * cumhals' is his honor-price; a 'cumhal* for every chief
grade that is under his power. He makes oath, he is a binder, he
is a gimrantee, he is a pledge, he is a party to a suit, and a witness
to that extent. He pays without »\ny one paying for him, with-
out borrowing, when sued. Twelve men are his company in his
teiTitory ; nine are his half company. Ten are his attendants on
sick maintenance, witli proper feeding. Twelve 'cumhals' are his
})ropoiiiionate stock ; six cows the food-rent of his house.
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330 Ctxirh ^abLa6
Ckitk ftif buiT)eii, ci-D afia tiepeixfite? CCix ifiT)( af ticrtuxf-cn t>tf
' bui-oen, no reojia nibtiii6en. 6ectiT;, c. cacha btn'one. Ip f.t
ceofia cuor, no cerbeofia ctioc infin. Occ ctimala a enecbclcmn.
Tluaifie T)6 |X)xla tl^ialltj, a 'odo no a q^i, no cechaifv, amait
ap^afn [penechuf]. . .
Utt nii6tia|iTyDt! mefqioiT) jxechx;,
'14a T)6nio5ai'D mefc mad,
X^ltgi'D carnal ^|i a fechc
*Oo a •oip.tti -Ddn.
Cecbfii pdir ^refv a 'odm ma rtiait, T)a t^fi T)€acc |X)leiT;bi.
Coic cumala t)6cc a rbati|iq\eicc ; occ mbai b^f a nji. If
T>fpolaig fif bu-oen. Occ cumala afv agellar a folctfc, o6c cumala
a eneclann. Immufcomg, if naiDm, if jiacb, if aicifii, if fechem.
If paonaifi. pexiuhof cen atftec cen aifU^ictJ'o^ cia cbaqfva^.
Rii btmaiT) cecb cinn/'ono, ci-o a|ia nepefi?
CCp, in-of If fo ctima6uti a ctinT)|ii§ bfi-o cech cenn noD cim-
maip.55 a coimT)iti ; hijaifie f op.c6c cec cenn bef qfieffai innf
bef 6q^effa, Ife fiif jiafiech infin ; va .tiif. ciimal a cnech-
dainni ; buaifie mbice fif ocuf cuotai fo ctimacuu octif a chuin-
•Dtiiug. Immcomg, -pa .uii. ctimalai. If nai^m, if |\aich, if aci|ie.
If fechem,if fia-^naifeffiiu. 'Cf.icaaT)dminnactiait; fechc.c.
foleche; T)ocun'D|iiu§ la each. "Oifolaig |ifi |\ti|iech, ocuf |\f
eiaf , ociif b^iiJsaiT) 1 n^jia'oaib cuaichi : let folac cec Sfiaf-o -do a
mace -olisches, do a mndi ; ap, if leit cec •Dligchig, cechfiama'D
each inDligchis. Oanamtif a f olac a incaib maicc no c6li. Rech-
caifii, ceccaifii folongcbaix lee folac a flacbi. gnfic cumma la
caindm a ngnfmo a f ovarii fo a mbiadid'6 lia plait.
» Not to $0 on sick maintenance, — ^That is (sars Professor O'CtiirJr) if he is wonnded
be is not carried to the house of the man vho inflicted the ^ound. The expense
of his maintenance is paid him in his own house.
• StvcfiUen. — The MS. reads seven hundred (vii c^c), but from the analogy of
the other cases treated of, it is plain that the scribe must liave written in mistake,
c6c a * hundrctl,* for • T)dc,' ten.
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CRITH GABHLACH. 331
A king of companies, wliy is he so called 1 Because of the fact Critit
that lie is leader of two companies, or tliree companies. There are Gabhlach.
seven hundred in each company. He is the king of three terri-
tories, or four territories then. Eight 'cumhals' is his honor-
price. For he takes many hostages — two, or three, or four, as it
(tlie * Fenechus *-law) says.
** The king of Michuairt who drinks but lawfully,
Whose intellect, is not obscure by inebriety,
Is entitled to a ' cumhal ' over seven,
To he paid him as the * dire '-fine of his rank."
Four score men is his company in his territory, twelve men
ai*e his half company. Fifteen 'ciimhals' is -his proportionate
stock ; eight cows are the food-rent of his house. A king of com-
panies is not to go on sick maintenance.*^ Eight 'cumhals' are * I^. ^^
given him in lieu of sick maintenance; eight 'cumhals' are his ^^^^
honor-price. He makes oath, he is a binder, he is a guarantee, he is
a pledge, he is a party to a suit, and a witness. He pays without
any one paying for him, without borrowing, if he is sued,
A king, the origin of every chief,* why so named I * Ir. Htad,
Because of the fact that it is under the power of his control every
chief is who cannot be corrected by his own lord ; for every chief
who is more powerful takes precedence of him who is less powerful.
He is the king of kings then ; twice seven ' cumhals ' are his honor
price ; for kings and peoples are under his power and his correc-
tion. He makes oath to tJte value o/* twice seven ' cumhals.' He is
a binder, a guarantee, a pledge, a ]>arty to a suit, and a witness to
that extent. Thirty is his company in his territory j seventeen* his
half co9n;?any. He is not coerced by any one. A king of kings, and
a poet-king, and a * bnighaidh,' are not to go on sick maintenance
among the grades of the people. Half the sick maintenance of a
man of every grade is due for his lawful son, and for his wife ; for it
is half that is due for every lawful person, one fourth for every tinlaw-
ful one, Tlie wives of mercenary soldiers' have sick maintenance in
right of their sons or husbands. Stewards, and couriers are sustained
with half the maintenance of their chief. They arrange that their
share in the maintenance corresponds with their sustenance by their
chief. •
■ Mercenary soldiers. — Connac's Glossary derives the term *amo|*' from ^amhsoa,'
* restless,* because he (the 'amos*) is never at rest or stationary, but going from
place to place, or from one lord to another.
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^
332 Cfiich ^alilac.
Crith . Cacti -Ddn tk) 5111 atcTM irlocuha no ecalfa jxilongafi let pAxxch
Gabrlacr. ^ ^i^jj^ ^^^^1^ ^^ ^,^j^^ .^ g^l polach cech simut) a eclaip po
coTn^fton) ruatn. Cac mochaifi Ifamac |X)|\ polad T)ia nicq[xac1ia|X.
Ic6 po-Dlai plccca T)o |\tiifimifein iTnabe|\au pxtiechzai flaxthevn-
naif a f omoinib f4c.
Caifi — Cia-oe af fp.tichiu, in |iii pa zhuat? If fp.uchfti in fvi^.
Cia 7)0 comf p,uirhe ? CCp, if zuat oi|\T)nit;1)e|v f\ii, ni 1115 oip.T>ni-
chep, ctiaich.
Coceoc folafi) fifg t)o cuaich noT:noi]\T)ntctie|\ ?
t16aill cap, a cenn ppi yif^ octift qxichl. If coin^ -Diib, fO|i-
coing huoDUib .tiii. cumala. 'C^it; 1 conib|\eich, 1 comfiaT)naifi
fpi |ii§ cap. cenn a rbuairhi. ^Oli^ic con-oa bfxichemain p'p,ioii
•D6ib. *Oli§ic ^eU cap, a cenn. 'Oligic foluch amail folongajx.
"Oligic nax) ngellai oenacli fop,p,ti, nao cuinmell cuach ule aco
comaiche.
X!^opa comalcu oca cop,ai vo fiig fop, a cuoicha. Oenach,
ocuf "Dal -00 cun'Dpech, ocuf cocoinp.ac -do cp,ich. If cuaichi
cammae comap^^ut) oenaig. If p.i$ nf gelltif ap oenocli ; ace
px)p c6ip, nl ^elliif .
Caifi — Ciflip aca cop.ai t)0 p,i5 vo ^luU f op a cuaca ? CC qfii .
Ccrceac? Jell floJoD, gelt p.echc5e, ^ell caip-ODi, ap, ic
lieifa cuaichi htili infin.
Caip, — Ciflip flo^ao aca choopai t)0 p.i§ do jiall fop. a
cuaicha? CC cpi.
Caceac? Bloga^ hi cp.ich a me'oon fpi in'oname flo^i-o
chaip^fi ; f lo^uT) co hop, c^xichi fpi fopcfin pp, octif •DI151T), conic
poib each no caipT)X)e ; flo^uT) cap, cpich fpi caait afacWi.
> On Ikkalf <^ the territory. — The Irish may also mean *at the border of
the territory.* It was (aays O'Curry) the ancient custom in Ireland, when a new
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CRITH GABHLACH. 333
Every aitiaan who nmkt« the nianufactui-es of a chief, or a Crith
church is sustained with half maintenance accoixling to the ^^»"'^cii.
i^ank of each person whose manufactures he makes. The main-
tenance of every grade in the church is the same as that of its
co-gitide in the laity. Every mother goes Avith her son upon
sick maintenance if she be living. These ai-e the divisions of
chieftainship which we have enumei*ated among whom distinctions
of chieftainship are produced from their rents in ^ seds.
Question. — ^Which is the higher, the king or the people 1 The
king is higher. What makes him higher? Because it is the
people that ordain the king, not the king that ordains the people.
What are the benefits of a king to the people that ordaiii
him?
He sweai-s for them to the king on behalf of the territory.' He
denies (or makes oath) on their behalf, he proves for them to tke
extent q/* seven 'cumhals.* He goes into co-judgment, into co-evi-
dence with the king for his people. They are entitled to righteous
judges for them. They are entitled to a pledge on their part.
They are entitled to sustenance as they sustain. They are entitled
that he does not pledge them for a fair, that he assemble not the
whole territory, but the neigh boui*s (or co-occupants).
To three spendings is the king entitled from his people j^ a fiairy « ir. ,4r«
and a meeting for correction,' and accompaniment to the boundary. l"^i^*
It is the people in common that assemble a fair. It is the king
that pledges them to the fair ; but he pledges them to what is
proper.
Question. — How many things are proper for a king to pledge
his people to 1 Three.
Which are they ? A pledge for hosting, a pledge for right, a
pledge for intertemtorial regulations, for all these things are for
the good of the people (or territory).
Question.— r-How many hostings is it right for a king to pledge
his territory to ? Three.
Which are they? A hosting within the tenitory for con-
veying another hosting over it ; a hosting to the border of the
territory to determine truth and right, so that it may be battle or
relations of peace -^ a hosting over the boundary against a terri- b ir.
toiy that has revolted. 'Cairdde:
king succeeded, that he went all over the province or kingdom, and received the
allegiance and the hostages of all the minor kings, and chiefs, and people.
> A meeiingfor correction, — The Irbh thus translated may also mean ** a meeting
for making a contract"
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334 Cfiich 5abla&
Cbith CCcacR: -oan, ceicheofiai yiechr^i geUuf 1115 |x>ft a zuachau
G.vBHi.Acn. Coueoc ? Uechcgai t»nechatf c^camuf . It; cucrcha "dot) e^iiif ec
If fiij no T)e T)ttichai na reofiai fieclicgcci eile, if fvf "do vq mm-
tnaifi53. Uechrga lap, each romcrommaim fufifia, co ivo vld-
zhocc a rtiacba lap^om a|i tiamma conbba t>6ib ; occtjf p^echr^a
ia|\ iiT)ijnebai ; octif fiechcga fii^, amait fvongab tvechT:5a fiig
caifit la fnumain. CCp, €c?;aac reofiai fvecbng^^ ^^^'^ c6|uii "oo i\i§
•DO 51UII fofi a T:tiacba ; fiechT;5ai do inTKXftbbti echca|xciiifiil .1.
ffii f axanu , ocuf fiechugai ffii caafi cofiafo, ocuf tvecbcc qieccme
ODannai^ amail ivonn^ab jxecbc a'oamnaiii. Ire folaro pfp*
flairhetnan iiifo fOfi a tniarba, ocuf ni if fofi^e 501 na ton
na fO|\niafic. Tlop flan ecaft^aifvecb fff\ion icifi lobjvti ocof
rpfitintj*
OCcaoc T)an a qfii aili roTKiqioc t>o jxf^. flop pefi each leiti
Ian -olisiT). Tlop fe|\ ffiecmaipxje pff . Uop fop,tif ainmnec
CCcaarcechaip cofiafe'oo bepxic 7)1116 noichig t)o p^i^. Coceac ?
CC chop-aic fop, t^eopxx lop^^aib achich ; lop,^^ fopx:ea, lop^^g
famrai^i, lop,^^ pxrnimai, ap, c4n mbif fop.aib if aiteeh; a
topxxfcc a acnop,, a\i ni copwf -do p-Cg imchedc a aenup^ Ifeti
laa inpn fop^coig^ ben a aontifx am mace pop, p,i5, laa na uabif^
neieh a cepc ate namma.
GCtaa mi noD nimr6c p-i ace cerbpap,. Cia cetp-op. ? Ri, ocuf
bp^ichem, ocuf T)iaf 1 manchune. Cia ml in nimcec in cucc
fin? TTlf filcai.* CC gum inna "ofciilaiT), "ona, oc reche'o ap,p.oi
•DO bep. 'Dip^i naichaig 'd6. CCcc moo qpt^o -do c6i^ a|\ if amlaiT)
f6 6n 'Dip.enacap, 'ofcijlai'D p.15 ap a inchaib.
CCca, -Dna, fechc m6nail 1 cop^tif p^fg .1. T)omnach -oo 61 cop,ma,
ap, ni flairb cecca naD ingella laic ap, each n'ooimnich ; loon
X)o bp^eirhemnaf, x>o choccepcoro cuach; mdipx; 01c fiT>ehill;
eeT:ufn -do -D^icpu milchom bVc coVfonn ; cap,aT)ain vo Idnamnap ;
ain •Dt'oen do p^echaiB ech ; f acap.n do bp.echaiib.
* Sowing of «ecd— When his subjects (undcr-kiDgs) were fighting and neglect-
ing to sow the seed, he compelled them to change their course. Vide^ 0 D., 1778,
elteq.
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CRITH GABULACH. 335
There are now four rights which a king pledges his people to CRmi
observe.* \Vliat ai-e they 1 Tlic rights of * Fencchus ^kw firstly. Gabhlach.
It is the people that proclaim it. It is the king that proclaims the • Ir. Vpw^
other three rights, and it is the king that enforces them. A right **P^*'P*^
after they have been defeated in battle,"* and he consolidates his * Ir. After
people afterwards so that they bo not broken up; and a right ^^J^JJ^J^
after a mortality ; and the right of a king, as is found the right upon them,
of the king of Cashel in Munster. For there are three rights which
it is proper for a king to pledge his people to : a right to kelp him
to drive out foreign races, i.e. against the Saxohs, and a right for
the sowing of seed,^ and a right of lighting up religion^ such as
is found in the right (or law) of Adanman.^ These are the rights
{claims) which a just sovereign has upon his peoples, and he
exercises not falsehood, nor force, nor oppressive might. He is per-
fectly recognisant and righteous to them aU both weak and strong.
There are now three other things required from a king. He
miist be a man of full lawfulness in all respects. He must be a
man that is consulted for knowledge. He must be learned and calm.
There are four actions (descending from his dignity) that bring
the 'dire '-fine of a plebeian to a king. What are theyt His
action upon the three handles belonging to a plebeian ; the handle
of a clod-mallet the handle of a shovel, the handle of a spade; for
as long as he is at them ho is a plebeian ; his action in going
alone, for it is not proper for a king to travel alone ; this might
be the day upon which a woman alone {without any witnessed might
swear her child upon a king, a day upon which no one cotdd give
testimony but hersdf tloxie.
There is a month in which a king goes forth four only. What
four) A king, a judge, and two in attendance. In what month
does he go forth in that manner? The month of seed-sowing.
To get wounded in the back, now, in retreating from a battle field,
gives him the * dire '-fine of a plebeian. But if it is through him
backward it {Uie weapon) has passed, it is not so, for * dire '-fine is
paid for the back of a king in right of his front.
There are, now, seven occupations in the * corns Maw of a kingi
-viz. : Sunday for drinking ale, for he is not a lawful chief who
does not distribute ale every Sunday ; Monday for judgment, for
the adjustment of the people ; Tuesday at chess ; Wednesday seeing
gi*eyhoimds coursing; Thursday at marriage duties; Friday at
horse racing ; Saturday at giving judgments.
* Tke law of Adamnan. — ^Thls is a curious law which had for its object the re-
leasing of women from the obligation of guiog oat to battle.
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336 quch 'gablae.
Crith CCcaoi: r|\i coichncoai pfiif nd fiuiT)e cofiax) (no rocticro) 11(5,
Gabhlach. ^^ ^^^ p^i iinchoip.e lafiTi n-oul Cfiiiuc ; coichnfu'o lafi n^lauT)
aige T>ia polaiT), ache nl fio p6iT:[efi] oilcc vm ^uin ; roichmticli
lafi iieT;ii]c, a\i if m6 T)Ofli ol-odaf a6ii, t»tiap.e T>oflif I65 a enech.
Caifi — Cm If c6ip, ocijf if redcoi -do T>eni]ni bfiT) fifj?
Pep^^nfo cp.1 f ofissaib ?
Cotreou fiT)i ? pef. fofiofi^gaib ; fOfissab fO|i a cotnlonn co
q[i^ST>a in pep, zfna fciocti ; fe|i gaibef pep. beogabail, octif
oqixicnsaib 1 |i6i. pep, benaf "oam oen benimim noro fulx^le ; pefi
fopgaib ambit) cen atipliiT) ; pep pop^aib eclann ap belaib fttiaig
CO ciiir T)i aen pop^^ub.
OCraoc T>no qfii'atip,pach nat> acclaT)ac ptij ; eippech ap mairb
afiT>ldi o coninT)ptiiT> ; eppech in can nibif pf a nechcaip, leif
inna rhuaiu paT>eifin mam poa "ouini ; eippech Difeifccflab-
fvai 1 nwchpaib lap ciiiT)echc za^ cfiich. CC^ogeneTrnp hiidro t)o
cachbefacechpainaT)dnei|ipech n'oe'oenach naT) airh^eifiechapr
hi oiifech ace moD in'opuch niTiDlisehech.
Can chop,uf Dont) pi§ bif hi pop,tif Dogpepf ap chinn a cuaici
.till, pichie qfvai^et) -oi cpaigrjib mnpaiccib meix hi -oiine each
leich; .1111. qiaigit ceigec a ehalmacha; Da cpaig .x. -ona, a
Tiomna. If ann if pig an can x>oz nimcellac -op^chca gialna.
Can in •opeche ^lalnai ? *0a rpaig .x. lechec a b€l, ocuf a
•Domnai, ocuf 1 poe ppi T)ijn. "Cpicho qfiaigi a poe 1 nechraijx.
Clefpi^ -DO Denum lagi a chip. Capp, c6il, capp 6ine cech
pp, -Dia pogbai. InT) plaich bachoil-o ni "olis T)^num a 'ofini ace
a Chech nuinma. .Uii. cpaigiT) cpichoc 1 cech. X)i immt>ai .x.
hip P15C15.
* Re/used. Professor O'Curry refers here to the story of Feliin Mac Crimthan
and the Dalcassiana.
* One thrtut. The word ^* poYigab," meana somctimea * a thrust of a spear/
sometimes ' arresting.
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CRITII QABHLAOH. 337
There aris three fastings which bring no offence to a king ; fcLsU Crith
ing when* the king be at (depeiidin/f on) a boiler which has leaked ; Ga»«^cii.
fasting after part of his supplies has been withheld, but no men ^lt,Thwgh.
have been sent to wound him {Uio defatdUr) ; fasting after being
refused^ his supplies, for it is then he is entitled to it more than
any one, because he is entitled to his honor-price. '
Question. — ^Who is it that is a proper and lawful person to pre-
pare the food of a king t
A man of deeds of three captures.
Which are theyl A man who has made a capture ; he cap- 1
tures in single combat in which he pierced the man through his
shield ; a man who captures a man by livLiig capture, and who
captures him on the battle-field ; a man who fells an ox with one
blow without leaving any part uncu^ ; a man who captures a cii-
minal without having been ordered ; a man who captures a cham-
pion in the front of an army, so that he falls by one thrust'
There are now three ' aurrach %taxes* which a king does not
pay (itf not hdd responsibk for) ; an ' errech '-tax of a people {pr
territory) that has revolted, while he is reducing it ; an ^ errech '-
tax when he has an extern king with him in his own territory, if
some person does not relieve him ; an ' errech '-tax of dry cows in
a waste, after having come over the boundary. He restores the two
last ' errech '-taxes {levies) to each person whose cattle they are ; he
does not restore in the first case unless it be an unlawful inroad.
What is the ' corns '-law as to the king who is always resident
at the head of his people ? Seven score feet, of lawful feet^ are the
dimensions of his ' dun '-fort every way ; seven feet is the thicknesB
of its mound at tap ; twelve feet is its thickness at bottom. It is
then only is he a king, when he is encircled by the moat of servi-
tude. What is the moat of servitude) Twelve feet is the
breadth of its mouth, and of its bottom (or depth), and its length
is the same as that o/ike ' dun '-fort Thirty feet is its length on
the outside. It is clerics that make the prayers of his house. A
cart-load of firewood, and a cart-load of rushes to each man who
so prayed. The 'pilgrim's staff '-chiefs is not entitled to have
his 'dun '-fort built for him, but only his house. Seven feet
and thirty is the length of his house. Twelve beds are in the
royal house.
**Aurrach^'iaxes. — ^That is, eztrgordlnaiy taxes, or leyiet, or exactions, 'erxeeb'
■and * aurrach' mean the same thing.
» The pilgrinC$ $taff-ch%tf, — ^That \% the chief or king who goes away on a pll- •
grimage as an absentee.
VOL, IV. Z
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338 Ctiich ^ablac.
Crith Co fefvnafi cech fiij ? CCmtiif p.f5 hi |X)irfiti.
Gabhlacii. Qq^^ — Cifn^ amuif oca c6fiai la |ii§?
Pe|i foefiuf T)i qiif, pe|i foefitif tm gabailj-oi cimini'Dechc ; fexi
foefitifDi pogniiin, -oi •ooeiiborhuf, X)i ■ooefi-ftii'op.ef. W W occoi
t»p. foejitif a fi6i, aft nach fioinifie, no afi nach |xoinip.e, no a|x
nach jxtibai, a foechaib a^i connalbai.
Cia tin T)i amfaib af coi]\ la iiig? C€uti|ia|\ .1. fVisfciB, ocuf
feifvchich, ocuf "oa caebcait), ire a nonmonn. Ice oca chofiai -00
bmch 1 |x>lcfitj raige p.{5 a|ia choemcechc acaig immach, imaig 1
cech. pe|i 31II vo ^lal-onaib ffiiu oniafi.
Cia miax) fi'oi? pe|i laf mbf cifv .uii. cumal, |X)|i bf a feraib
«;i|i |:laii:b ocuf anT)oln, ocof cbofiif peni. 'Ceccai n^i fu'fti mfafi.
•Oaama lOjfifU'Diti. Occif lap-fu-bib; q\tim ia|\futi; coflen-
noij, co|inaii\i, clefamnai^ a naificiufi fx)iT:ft. If inn let eliu a
yocblujc^nniT). pejapifo p]\i jX)]xn5ai|ii nx)Of\if . . CC- chdfifi a\\
b6ltiib cechuifi naei -oo 5p.6f nxi cumafcc chufimtigi. So^c6li
na flora ffiiu anfofi. Oef infin h\v coenicechc T)0 flaic. S^it
iafifiiT)iu, bjiirhem lap.fu'oiti. 1 ben no a bfiichem ffiifaiT)i
innfoji ; fii iafiftJiT)iu. S^l •oichma 1 nglofib 1 naip,ntip. fochlai.
Till ruaite, tm fefiaib Deacc t>o leffaib mairhe foUoinj ctiach
faT)effin ffiia raifce6i. "Oa fe|i •oeac T)na, T)&fn efpuic tm lefib
ecelfi ocuf rtiaichi imceic coDepn. CCfi ni fiaca ruach 'D&mfiax)
1115 ocuf efpaic wam -oi ^fieff pofn^elac. *Odm fuao •Dna,''Di
fep.ib t^ac.
Cia-oe ifftuichiu, in fiig pa eppuc? 1f|itiic1niJ efptic, huai^ai
aftn6|iai5 fiig \x> bich qxeiunio. "Ctiaiigtiib cjppuc, -ono, a glun fiia
< In the hands <ifthe chief and the *andoin* church. — ^That is, pledged to them for
the good conduct of himself and hia family. The phra^c^ howevcri might mean,
" whose paths are good between the cliicf and the *andoin'-charcb, and his lawful
family adjustments."
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CRITH GABHIiACH. 339
Wliat is the arrangement of a king's house 1 The body-guard CRtni
of the king are on the south. Gabiila«:h.
Question. Who are the body-guard that a king ought to
have 1
A man whom he frees from a dungeon, a man whom he frees
from the gallows, fi*om condemnation ; a man whom he frees from
servitude, from ' daer-bothus '-ship, and from Maer-fuidher'-ship.
He has not a man whom he saves on the battle-field^ lest he may
lay hands on him, or kill him, out of devotion, to hia own chitf or
people.
How many body-guardsmen are proper for a king % Four, viz., a
front man, and a rere man, and two sides men, these are their names.
It is they that are proper to be in the southern part of a king's house
to attend on him in going out of the house, and from without into
the house. A pledged man of the pledged men (hostages) is to be
with them behind.
What is his distinction) A man who has land of tlie value
o/* seven ' cumhals,' whose property is in the handt^ of the chief, ^U.Betwem.
and the * andoin '-church,* and far lawful observance of the 'corns
FeineMaw. He is seated by these, behind. The companies
{I/m king's visitors) are behind these. Poets are behind these;
harpers behind them ; flute-players, horn-blowers, and jugglers are
placed in the south-east part. In the other side of the house is his
champion's seat. A man of deeds is placed to guard the door. .
His spear is placed in front of each of the kist two perpetually
against the confusion of the ale-house. The chief's * saer '-tenanta
are placed behind these. Tliese are the parties who are the com<
panions of the chief. Hostages are placed behind these, judges be-
hind them. His wife, or his judge is placed behind these ; the
king behind these. Unredeemed pledges {Jwstages) m locks (locked
chains) are placed on the east side of the champion's seat.
As regards a king of a tribe (or territory), twelve men are sup-
ported by the territory on his excursions for the good of the terri-
tory. Twelve men now are the retinue of a bishop, when he
travels for the good of church and territory. For a territory
could not bear the retinues of a king and of a bishop if they wei^e
constantly feeding on them. The company of the doctor in poetry ^ .
<{rc., now, is twelve men.
Which is higher, a king or a bishop % The bishop is higher,
because the king stands up (to salute him) by reason of religion,
A bishop, however, raises his knee to a ki;ig.
YOL. ly, a 2
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340 C|^1ch ^ablac.
Crith T)li5chiTi bjxe^hitn la |ii§ vjcro bo briichim cccoeriti. CCmoil a|i
^^"^^"- in can petiechaf.
**maD be tvfg, tw) IpefTP-
fiechx; ploca t^ chorh ;
lap, mbioD mefcbaiT);
a fl6g fabaiT);
cuijimmasi ctiift mefca ;
meff np.i;
comuf pofxiia^;
|:op,betvca TMfM;
t>irhle mefiiaiT) ;
TOOjx mum mfitisfiechcai ;
mpo^oT) • coicfwch ;
cofv cualne;
c6|itif jiin'oe;
fuxnn ii;i|v comofibbo;
comaicbi^ -do gafimmoim;
gaiU comlam-D caiuhi^di ;
ifCOT>a ana^paiTxo pig ;
fvaich commaifv^i chofitif,
CO t»ifitift f^DUib felb;
jt&n cech comoichcef cfifvcccfi;
gellaib ^ellcaix;
fmaicoib miach molaaja;
ttiag n-offii;
•olfM naufibai 6 •oaficaiT) co T)aip.c
■Dochtini colp-oaip ;
CO c6ic f6cti cinjic"
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CRITH QABHLACH. . '341
It is lawful for a king to have a judge though he is himself a CuiTn
judge. As the ' Fenechus '-law sings— Oabhi^ch,
'' If he be a king, he knows
a chief's rights from the foundation;
He shall have ale paid him with food.
He shall have a brave army ;
an inebriating ale-house ;
the appraisement of land ;
measurement by poles ;
to award of * dire '-fine ;
an increase of fruits ;
an increase of cattle on the land ; .
extension of boundaries ; '
a setting up of stakes ;
adjustment of sub-divisions ;
division among ' coarbs ' ; '
setting up of stakes ;
invitation of co-occupants ;
foreigners for combat and battle ■ -
are requisite for a king ;
a guarantee of lawful protection for adjudication,
until the owner of property shall be known
he fulfills all duties of co-occupancy to which he is
bound ;
all promises promised :
sacks of damages he appraises ;
the value of * dire '-fine ;
the ' dire '-fine of corn
from a * dairtaid '-heifer to a ' dairt '-heifer,
up to a ' colpach '-heifer ; _^
to five * seds ' it progresses."*
I Ft progresiet. These sentences appear to be catchwords or mhemonics, probably
in some kind of verse originally. In their present state, howeveri it is difficult, if
not impossible, to arrange them according to any regular form of Irish metre, or to
make any good sense of them.
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ctirch^Gobhlach.
SEQUEL TO CEITH GABHLACH,
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CRich ^abhlach.
SiQUBL TO Ciflifi co^ap^tncmt) zeccmve fnicroledca?
Gabhulch. W^*1 — ^ f® 3CX. ic. -1. qfiioc, [fvi] |ii, fvig znattu aifie poiipU,
— aifie a|iT>, aifve tuife, aifve -oefa, aip.i pine [fotia, anjpp.tich], "oae,
ogUnrem, letlairhem, |:laitein oenefqxa, bo-aip,e, rantiife bo-
aifve c«ift, huaime, fei|ichitj'6, paf pcn^^De, aite^ baicfe,bo5elcxic
fxncche, oinmic, tnitlad, fieim, |iiafcaip.e, fitiTKich bfLOchlotge.
Cif lip, a Ti'olise lafi inior6ai$ecc inT>eolait> if na microledcaib ? .
IJm — CC TI01 ; co^pcfcafx aa meic i nafcairhep cat -wb, in|x a
tin ocof a ntiaire, icip a tnbiorlmT) ocof a TiefaiTi,in|x a 11311111
ocaf a Ti'Di^oini icifi a foji ocuf a fapu^uTS, icifi a paefam octif
a a]ip.p,ttiT^on&, irifx a fieneclann ocaf a nenecbptuce, ocuf a
tienedspif.
Cifli|\ "CO befwxT) mia6 octif eneclomn th) cad ?
llin — CC cfii : ai|xilliu'6y octif m-ofitictif , ocuf en'oce. CC cfii, -ono,
aclefiT>ai mia:6 concire ap cat ,1. anf:olorn» ocuf t)oce|\T), ocuf
aiienT)3e.
t/ftiot, .1. 1x15, amail ifbep :
" T^fiiach cfiom rfiemaertia
Cjiint) tuat o tuittT) co roiDT) ;
T^ificella comtif , coni'O
lafi na "oufin coimwcheix,"
•Oliji* a faep.biacha'6 fo tin, cin ciTnT)€ibe, fecib •on ctmcella.
•Qligi* .u. cuniula "oeyi^dip, fceli^ logmoifi, -Dia -oi^tiin, wa
i^Eioin.* — It 18 very difficult to fix the exact meaning of the terms 'efoin,
' t)i5iiin/ and * faTiusa-Dh,* which occur so frequently in this tract, and in other
parts of tlie Ancient Laws of Ireland. No gloss on * ef am ' is known to the
Bditors; in one place (C. 509) 'eafain ' (probably another form of tbe^aamo
word), is glossed * innatiba'D,* * expulsion/ * banishment'
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SEQUEL TO CRITH GABHLACH.
How many are the legitimate titles of dignity 1 Sbqukl to
Answer — ^Twenty-six, Le. a * triath '-king, a king of kings, aQABKLACH.
king of territories, an * aire foi^ill '-chief, an * aire ard '-chief, an —
* aire tuise '-chief, an ' aire desa '-chief, an * aire fine '-chief, an
* idlina '-person, an * ansruth '-person, a * dae '-person, a full ' flai-
them '-persoD, a half * flaithem '-person, a * flaithem ' of one vessel,
a * bo aire '-chief, a ' second of a bo aire '-chief, an ' uaitne '-chief, a
henchman, a man who has lost liis patrimony, a ' baitse '-tenant,
a cow-grazer of a gi*een, an * oinmit '-man, a * midhlach '-man, a
* reim '-man, a * marsh '-man, a cnimb-fox.
How many are their legal rights accoi-ding to their rank in the
dignity laufs 1
Answer — ^Nine ; That it may be known to what extent each
of them is confirmed in hU rights^ as regards their full number,
and their smallest number, at refections, <]&c.,as regards their feeding
and their * esain,'^ as to their wounding and their being insulted,
as to their being treated with contempt and their protection
violated, their exemption before and during refections / as to their
honor-price, and their blush-fine, and blister-fine. »
How many are the things that give dignity and honor-price to
every one t ^
Answer — ^Three : merit, and worthiness, and innocence. There
are three things, too, that derogate from his proper honor to every
one, i.e. misdeeds, and low profession, and non-innocence.
A ' triath,' i.e. a king, as it is said : .
" A mighty king who penetrates
Erinn's lands from wave to wave ; *
He goes round its measurement^
So that by his hand it is guessed ai.".
He is entitled to be freely fed with his company, ^vithout curtail*
ment, whatever place he goes round. He is entitled to five
< ciimhals ' of red gold, and a precious stone, for ' diguin '-trespass
*Befeelion$> — See, Progress of the King of Cashel when monarch of Ireland.
Book ol Rights, p. 30.
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346 Cjxich 5a«xxc.
^"cbJth'^ efaiTi, no -oia 5tiife6 gjxtJCPD. Coic coicit> ejxenti rfiemaerlia
GABHLAcif. ^ tnami] mle, otmail fio cec "do Concobafi :
CCfVD tnac fii$.
Ho mac Wefa,
Henccifc latu ipep. pene.
Hi p,i .1. |\i crDgiaUac .tiii. jxij ruat. Cumalcad fiij tm) -oia an\\
"Dia efaiTi, 'oioclu a •oala wo a cutftmrt^e, no a oentii'b. 'OLi^i'd
a fao|\biacticrD po tin, cin T:iniT)eibe. *0a .uff.ctimal *oia fofia-
$ii'6, 'oia 6fain, T)ia ainme'o; aniail ifbefi Cojimac : '*be|iax>o
|\i5 clouac Coi|xb|\e I05 cinieT)« •do cuiiialaib cdinib; co a .iiif.
faigef airhifine, icem) caca cuin-of en ; coiniT)iliiif "oia T)i3tiin, no
Dia fafitijti'6, no gfioai'De 51^1^."
Rig monti coimef co a .mi. ; vhpi) ma fap.tij<r6 fceo ^tiai'De,
cumal infiaic co a f e^ famtiirhefi fae|\b|\ectjib cofimaic.
CCi|ie a|iT) .1. pofi^iH .1. cafi cenn ruaite comf&efia pfiif a cdin
ocuf a caip.T)e ; octif ni he afi no naifc congiallna, na -Dliseo
jrloua ; octif acgui-Derfom na vuataf ociif if fiig afi vo naifc.
*0ligi'6a fae^xbiarhat^ co fitiicc .xxx. oc lefoginj ctionce. 'Otigi'D
.uff. lee ^umal in^xaice T)ia •Diguin, -oia fafiu^tn), amail ifbe|\c
cojimac : " CCi|ie afiD, ai|iT> n[em]e cona maite refaip.5 ; •Dligi'6
•Dia fofiagti-o fceo aijce efain .uii. lana let cumal a\i ca6 nti^x-
conn CO fitiice .111."
€Cip,e cnifi T)0|»cpine comcenel-oo cop.15, octif a fioflabfta.
*0liji'6 fao|ibiacbaTc> .xx. in can bif ac leftjgij'6 cuaice. T^jia
letcamala ma afain octif ma y aixugu-o. Uz "oicitnifi cofimac :
" Cam be|\a "oo each aifii§ catp x)ia f afiuju'o T)ia efam, ceofia
leip,e let cumala la "oiabul piiixifiiut) cm aifibep,nao."
^Ai Cormae iays ^This quotation, and most of those that follow in the present
fragment, appear to be portions of some ancient poem.
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SEQUEL TO CRITH GABIILACH. 347
against him, for ' esain 'trespass against liim, or for blistering his Sjeqckl to
cheek by satire or abuse. The five provinces of Ireland he pene- Q^nJ^g,
tratcSy receives the submission of all, as was snng for Concobar : —
" The high son of a king,
The great son of Nesa,
Has bound {under his rule) the lands of the * Feine '-men.**
A king of kings, i.e. a king to whom seven kings of territories
owe obedience. He is entitled to* a * cilmlial ' for each king, for ■ Ir. For
satirizing him, for his * esain,* for absenting from his assembly,
or his ale-house, or his fair. He is entitled to his free maintenance
with his company, without curtailment. Twice seven * cumhals
are the fiiie for violating his protection, for his 'esain,* for
making him blush, as Connac says :* "Adjudge thou to an illus-
trious king, O Coirbre, the value of a convict of beautiful ' cumhals *;
to seven ' cumhals ' the head of every beautiful face so blistered r
sues, with eq\ial right for assaiilting him, or for violating his pro-
tection, or for his cheek-blistering."
The king of a territory is estimated to seven ; he is entitled to
it {thefine) for violating his protection and the blistering of his cheek ;
worthy * cumhals ' to the number* of seven are adjudged him by the
noble judgments of Cormac.
An 'aire ard '-chief, i.e. an 'aiie forgaill '-chief i.e. a man who
represents the territory,* whom they elect for that purpose, in * Ir. /'<?r
making * cain '-law and * cairde '-law ; and it is not he that binds
in matters of ' giallna '-service, nor in the matter of the rights-
of the chief ; and he prays the peoples, and it is a king that binds.
He is entitled to his free feeding as' far as thirty 0/ retinue
when engaged in benefiting* the tendtory. He is entitled to • Ir. /m-
seven worthy half 'ciunhals * for assaulting him, for violating his -P*"**""*^'
protection, as Cormac says : ** An ' aire ard '-chief, an high
dignatary who protects his territory; he ia entitled for violating
his protection, and for the * esain ' of his face, to seven full half
* cumhals ' upon {from) every sensible person as far as three."
An *aire tuise '-chief goes before the families of his own race
to the king, and speaks for them. He is entitled to the free
feeding of twenty persons when he is engaged in benefiting the
territory. Three half * cumhals ' are due to him for his ' esain '
and for violating his protection, ut dicitur Cormac : " Handsomely
wilt thou adjudge to each ' aire tuise '-chief for violating his pro-
tection, and for insulting him, three distinct half * cumhals ' with
double feeding, without diminution."
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348 Cfiirfi^ablaf.
Sbqitkl to OCijie -oefa .1. \^ conae -oeif nctrhap, ocuf a qp enathap,, amont
Gab^Tch. ^^^^^^^^ p^iam, octif "oo raifichfo. *Oli5f6 fae|vbiachcr6 ■oeicnebtirfi
' w) a cnait. X)li5n5 comal cac am co nio|ifeftu|i xwa fop-usti*
fio 'oia efain. " OCi^xe 'oefa 'Dichli 'oia 'oi^in "Dia fap.tiSti'D ;
rAApt flom cumal cac am co mofifefeafi la 'DiabloD piifttfxitro
. TH) cofvcaibh."
CCifve pne pmT>acha|\ .1. ^^ -ooec pme x^iamb lotv tkx fera co
ifijait. 'Oligi'6 faeixbiochocD .tii. i|v a cuait ;. Dltgi-b cumal caca
laimeco ceuhp^ufiDiafa^itiJub, no -wa efam, uc •oiamfi cofi-
mac : " OCifie pne pn-oorhaii azetca^ -oia fap^ugu-b, -oia r|\om-
Sfvefaib, fceo ai|i m-oligcig, fceo aijce efam, vlipt cumal caca
laime co cecbfiufu"
Itna .1. fefi oca mbi fochiiaici -do macuib befiafv T)o, ocuf -do
b|\aq[vib combi .xxx. vaz 5aif5et)a6. "Oligi* j^xetibiachat.ti. ift
oca pne. *Oli Ji'6 let carnal co q\ia|X -oia i^afvijjtj'6 -oia efam, uc
'Dixie cofimac. "l-ona anmumfat flom-o coifipfie lipecaift,
cia vU'SiV "Oia fap.tjgut, fceo at efam orifffi vtipi> leijx tec
cumal corp,! PP'ti ; fefp, la'Diablax) fui|iifiiuT), cormma imcafcap,
co|\mac"
CCfifp-uch .1. fefv imDich a menntit; ocuf a cfiit g^m •otime -oo
m cat rfieimft t>o ceitfxib fiaichoib na blia'ona. "Mi bt bef uaiuia
.XX. ffti qiich a tiedraifi. Saefibiacha'D cechp.aifx -do caca lece,
no sata clete ma cuaich. 'Oligi'b Cfwon cumaile T)ia faixugu-o,
ocuf "Oia efam ; ocuf •oligno 5aifce'6 m|iaic ma eneclann.
" CCnfifiut an im-oich a cfiicti cecha|iaifVD, conaijx ^aile ucpo,
CO n^Dligi* Dia efam afiT) cumal ceiixc qfvian, fceo gaifcet nmn-
fiaic ffii ftuamna |iuf "
•Oae .1. fefi imefira fi^x ap, a lai^xe, connad uaficcD a torn*
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SEQUEL TO CRITH OABHLACH. 349
An * aire desa '-chief, i.e. a maa who preserves the patrimony Sequel to
of his father and grandfather in the same condition tliat he found q^hij^u.
it before him, and who aceumuhites. He is entitled to the free — —
feeding of ten in the territory. He is entitled to a * cumhal '
from everyone as far as seven, for violating his protection, or for
his * esain ' as Cormac says : " An * aire desa '-chief thou ^vilt
protect; for assaulting him, for violating his protection, he is
entitled to a full ' cumhal ' fi-om everyone as far as seven, with
double feeding, arid with fruits."
An * aire fine '-chief be it known ; i.e. a man who leads hia
family when they are on their way to the chief. He is entitled
to the free feeding of six in a territory ; he is entitled to a
'cumhal' from every hand to four persons for violating his
protection, or for his ' esain,' ut dicitur Cormac : ** An ' aire
fine '-chief, let his rights be known, for violating his protection
for his heavy blisterings, for unlawful satire^ and ' esain ' of his
face, he is entitled to a ' ciunhal ' from every hand till it reaches
four persons.* ^ j^^ 2»^
An ' idhna '-person, le. a man who has a number of sons who/otir.
are bom to him, and of male relatives (or brethem) to the
number of thii-ty champions. He is entitled to the free feeding
of five from his family (or tribe). He is entitled to an half
* cumhal ' from each as far as three persons for violating his pro-
tection for his 'esain,' ut dixit Cormac: ''An unambitipus
' idna '-person ; name, O'Cairpre Lifeachair what he is entitled to
for violating his protection, and untrue ' esain.' He is entitled
to a clear half ' cumhal 'as far as three men ; broth with double
food, to be inspected by Cormac."
An 'ansruth '-person, i.e. a man who protects his mansion and
his land. He is allowed^ the wounding a person in each term b j^. por
of the four quarters of the year. He has not fewer than twenty ***"•
attendants in an extern teiritory. He has free feeding for four
on every side, or from every chief (* cleith ') in his territory. He
is entitled to a third part of a ' cumhal ' for violating his pro-
tection, and for hia * esain ' ; and he is entitled to a trusty sword for
his honor-price. " A noble ' ansruth '-person protects his territory "
to its four points ; there is a path of valour from (after) him, so that
ho is entitled for his ' esain' to a noble ' cumhal ' of a proper third
part, and a trusty sword for the reddening of his face."
A ' dae '-person, Le. a man who asserts the right of another ; or
a man who for another goes to fight his battle, when he has not
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350 Cfxich 'gabtac.
^"omTH*^ tonn -do pt a Sfieff ct cen atall fine aco. T)li5i'6 a faefibictctKro
Gabulagh. octif a amtif o cac leite ; octif let rfiicm ctitnaile "ota efatn no
-oia f ap,ugu'6 ; octif ^aif ce-d no nmtai ; tit; T)icicufi Co|ifnac :
" "Oao afiT) Of a n>'^'^ laime ltiire|t, combi rfielam cenn. X^lijntt
cumal leuci\icm |^ia ctimnfe cucc a|\a •offifem, la Vizh clacua."
Ota fein qfia, tii ctimalaib a tiwyve, a6c a feoruib bo cech-
|itiib, no bo flabfia.
Ogplaichem .t. -pep. cp,i femcleite cona como|ibaib T;e6ua.
X>li§tt faeTibiacbccD T)eichnebtJiix. 'Oliji* .x. feoca beowle
X)ia fafitigti'D no ma efam.
hezh\ia^zhem .1. \:exi x>a cleiche cona comofibutb reccaib.
X^ltjit faefibiachao occaifv, octif .u. feocu -oia faivtigaT) ocuf
efam.
piaichem oen efqxa .1. pep, aen cleiche cona mufi ocuf a
comafibaib cecbua. ^Oligi'o faeixbiachat coicifv, ocuf ,!iif. feoca
beo flabp^a, T)ia efam ocuf -oia faivuga-o.
bo aifie .1. fe|i felba btinaiT), cona muT) (no mniUT)) vo cii> .x.
mba laif ; octif ni 50m 'oume ace a 16 couha ; ni tom^ Itiige
ace fo aen a mbliooam. ^Oligix) faeixbtachax) .I111. a cuaich ;
ocuf C|ii feoT:ti bo flabfia "oia f afitigu-o, ocuf a efam.
Txxnuifi mbo aipe ; occ mbai taif a fofiuf , cona mnitiT) t>o
c(fi. *Oli5ii6 faefibiorhaf) z\\\\\ 1 ruairh, ocuf "oa f eoic bo f labfia
ma tJifie.
Tluaicne; fonltimg ocuf ffvifella^ap, m fef. .i. fjiifeillgec
r|ioi§ ocuf aiTDeil^en ; fe^x folom^ emec ^T^efa cm imluaT) fine.
*Oli§i'D faefibioulioD 'oeifi, ocuf bom letgabala. .t-feoru •oia^ti
(sic) fa^xtigaiD, -oia efam.
^ Sen-cUUht*'Unant$, — Literally, * senclcithe,* means an old wattle, or as tbe
popalar p'lirase goes, ** an old stanicr." He -was a man who came from hit nataral
chief to settle under another chief ; and if he or his successors continued away
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SEQUEL TO ORIXn GABHLACH. 351
the help of a family. He is entitled to his free feeding and that Sjequbl to
of his soldiers, from all sides; and to half the third part of »gabhijlcii.
'cumhal' for his *esain,* or for violating his protection; and ^—
a sword, or a cloak, ut dicitur Cormac : '^ A noble ' dae '-person
whose root of arm is exerted, so that it becomes a firm weapon of
battle. He is entitled to a half thii*d part of a ' ciimhal,' for the
beauty of his face being contemned, together with loss of clothes
(of the offender 9)"
From these out, now, 'cumhals' are not reckoned as their
' dire '-fine, but * seds ' of the cow quadruped kind, or of living
cow kind.
An ogflaithem-person, i.e. a man who has* three ' senclethe-' * Ir. Of.
tenants,^ with their lawful successors. He is entitled to free feed-
ing for ten. He is entitled to ten * seds ' of living chattels for
violating his protection, or for his * esain."-
A ' lethfiaithem '-person, i.e. a man who has* two * cleithe-'
tenants with their lawful successors. He is entitled to the free
feeding of eight, and to five * seds ' for violating his protection,
and for his * esain.'
A * flaithem ' of one vessel, ie. a man who has* one 'cleithe'-.
tenant with his house and his lawful successors. He is entitled to
the free feeding of five attendants, and to four * seds ' of living cow
cattle for his ' esain,' and for violating his protection.
A ' boaire '-chief, Le. a m^^n of original possession, with his
profit, or place, having land of the value of ten cows ; and he
wounds no person but in a day of battle ; he swears not an oath
but once in a year. He is entitled to the free feeding of four, in
a territory ; and to three * seds ' of cow cattle for violating his pro-
tection, and for his * esain.'
A ' second ' of a ' bo aire '-chief. — He has eight cows in a house,
with their place of land. He is entitled to the free feeding of three
in a territory, and to two * seds ' of cow-cattle for his * dire '-fine.
An * uaitne '-person ; the man sustains and oversees, i.e. he over^
sees the wretched and the poor ; a man who sustains attacks on
his honor** without the action of the family. He is entitled to free \ i,. jj/f,.
feeding for two, and a cow of the second quality. Five ' seds ' art ^^H^*
thefitie i(ST violating his protection, and for his * esain."
during the time of three successiye chiefs, with the knowledge of the former chief,
and unclaimed by him or his successors, he or they, then became 'sencleithe* and
conld not go away of the.nselvcs, nor be claimed by the other. — Vide C, pp. 418,
1211.
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352 CriicJi ^ablac.
Sbqukl to deifitoi'D .1. oclac "DO •Dogcenel, no fefi jrofiatf , tio mac rfiip5
Qabruich. '^' '^^ ^®T^ '^o V^^V' ^^P$ ^ zaitetc cmtToatl, no a TiDunoro ; no,
"— tiat|\ ivo bo c6if e6 a cTDhaifi; no, tmi^ a cinel; no, a|ia Jaif-
"Oligt* fae|ibiarhcr6 t ruait octif a ben : ocuf fcmifeifc fx>cait
ocuf colfroach ma eneclonn, "Dia ai|\, xwa atnmeo.
11a nai ngp.a'oa •oei'oinach fo ni ceccaiT; T)liseT) T>ia nib|\ec a
naifiectif, naT>am|\at), na wp-e fainfiuchach, mana nafca fealb,
no ^aef no fochfvaice. lit caemtUeza T)ifie di chedua, na t)i chifi,
na •Doch|\aic na hanpolca, tiai|\ nauac inDfiaice natma na
Xioithey na bainixe, na naill, napa7)naife. •
Paf jxttgioe .1. ^|x fvo qveca a -o^tf, ocuf a pefvann, ocuf a
felb, ocuf na cechra ipo cuatch co lei|i na cleite, ocuf co
pfieifce cnile caich ; ocuf nicac -oilef T>oDcotf |Tfw ^alafi no
piaepait) ; ocuf if \xiy -ono, cia poige, mana ^orxx, no mana
cfieca a enech ai|ie ani[ail]. if fof -do "Dno, a faichce fjxia
5ala|\ ocuf a ftepai* mana cabfia nee ni v6 ap, T)ia. If faf
■ono, a faifie, ocuf a "oiiie, ocuf a eneclann.
bo ^elcach f aichce .i. pep. meice coimf e na ceic cap, Cfiic, nad
•00 aiplifig pi$, ace bit> ma men-oau fODeifin, ap, im^aib
comlonn aenpip o po bi cona gaif ce-o paip ; cona 'odim cdm cm
pe'oam "oo nmgapap. bo ^elcach .i. pep, pogelca a bu a
paichce ap each nach "Deif ecap com allra ime ; concroff main
mfem. 11i 'olig "oipe nafaipe, ap if ^nim meie no mna "00 ^nf.
CCiche6 baiq^e ,1. y^xi na fdepa "oan na cpeba^; ni pnileD
pe -oaim m \:exi pm ma puil ; ^nimiu lafch laip . t1i c^ic a
pairh, nai nainpe ppi plait na eclaip, ap if gae ^peine do
^aipcep.
Oinmic;pepmicepim'Dpoc1i mnai eo [no ona] n-oencop meafi
ocuf ponaclicai'-De .i. popgenig. Ill vhs x>ipe in pep pm.
TniT)lacb .1. miliai5 .i. mi"6cllach .i. pep na p,a gaib pealb na
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SEQUEL TO CRITH GABHLACH. 353
A henchman (' seirthuid '), i.a a soldier of a good race, or a Skqusl to
hoaseholding man, or the son of a leader, i.e. he is the ^^^^-J^^^^qabulaci
to the hip of a leader when going to a meeting, or to a ' dun '-fort ; — -
or because his father had been a leader ; or, good is his famUy ;
or for his talents. He is entitled to fi'ee feeding in the temtory,
and 80 18 his wife ; and a ' samseisc focail ' . . . , and a
co//o(7ac^heifer are due for satirizing him, for abusing him.
The^e last nine grades do not possess the right to be taken to
assemblies, nor companies at refections^ nor to particular *dire'-fine
if they do not possess a holding, or talents, or followers (a daiC),
They do not get * dire '-fine on account of stock, nor of land, nor
for oppression, or misdeeds, because they are not worthy to enter
into bonds or security, or to give pledges, or oath, or evidence.
A man who has lost his patrimony, Le. a man who h^iB sold his
)>atrimony,and his land, and his stock, and who does not possess any-
thing throughout the territory, visibly or invisibly, and the supply
of whose stores is chaff; and he is not entitled to be advised in
sickness or in cure ; and his meals even are empty unless he steals,
or unless he sells his honor in the same way ; his green is empty
to him too, as regards disease, and curing of ccUtle unless a per-
son gives him something for Gk>d's sake. His freedom too is
empty, and his ' dire '-fine, and his honor-price.^
A cow-grazier of a green, Le. a man of small means wlio does
not go beyond the boundary, nor to the enclosure of a king, but
who remains in his own dwelling, because he has shunned a combat
with a single man when he had* his arms on him ; so it is gentle ■ Jr. Was
oxen that do not** labour he herds : or, according to others, a * cow- "^**
gi'azier/ i.e. a man who grazes his cows upon a green on every ^^^
pi*operty, between .wolves all round him ; and this is his wealth,
lie is not entitled to ' dire '-fine nor to freedom, because it is the
deed of a child or a woman lie performs. ,
A * baitse '-tenant, i.e. a man who is not fi-ced by profession or
residence; that man does not belong to*a company, who has not the • Ir. Tn net
deeds of a champion in him. He does not go security, nor is he a
]>lcdge with a chief or a church, because it is a sunbeam he is called*
An * oinmit '-person ; a man who is matched with a bad wife by
whom or from whom he is rendered deranged and unsteady, Le.
* starting.* That man is not entitled to * dire '-fina
A ' miclhlach '-person,^ i.e. not fame<l in battle, (* mi-li-aigh,') ie.
1 His honor price — ^His rights are lost, that is, be has lost his municipal rights.
*A ^ midUack'-person. — The term * midhlach * occurs in Cormac's Glossary
(etlited for the Arcbwological Society, by Whitley Stokes, 18G8), and is translated,
' an effeminate person not fit for war, a coward (p. 1 1I>), and * an imbecile,* (p. 130),
VOL, IV. 2 A
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354 Cixirh ^alilafc.
fiKQUFx TO hojxba na qfiebcro.na rfiebtaip, 'oo. Wo fYimlach .i« nie6oii
GiSwuACH.®^^^ mpTi, afi iT)tii if mellach o Deilb octif citiial, conaTwcmna
— ^ cime'oa infin ca|v cenx) xruaite*
. Hetrnm Tmo .1. piJi|ifeoti\, tto 'D|iiirb. Had pefi "00 beip, fiem-
maD fo co|ip ocijf a enech, nt -olig 'oifxe umxi ceic afa jxidc aft
b^ltiib f ItiaJ ocuf fochaii5e*
Riafcoifie .i. loingfech infin a|v imgaib a cheTiel octif a fine
CO lich cam octif jxeccge ; octif hvt o |\iafc -oo fwafc, x\6 o fteib
[•DO fletb]. Mo fwafcaifie .1. luxchmaige "oaeix -do flaidi octif
edaif. Ml 'oliginn •oif.e.
8int>ach bpx)chlai§e .1. bfiuoji cad bi* -do, itifi xwlif octif
m'olif ; no cuma laif cit be-oh bp^tiitef no -do meala.
-Seaachc afa wi-oichajx 'ouine, qxuch, ocuf cenel, ci|i, octif
q[ieba6, -odn ocuf in-obtif octif innp,tictif .
TTlia^lecca ecna qria, ic ecfamla f|xi mio^lecca ctiaite ; 0|x
If ctiniat fOfibaiT) ineclainn ^fia'd neclafoc, o axMxnnaD co
failmce-olaij.
CC fecaib, itno|xp,o, fOfvbe|\ac fene octif ptleT), ota ifel co
btiafal. Imtifffiecfiau iniofifio, a fojvcach octif a n-otrhech ;
efpuc octif fii btintiit cad cinn, ocuf ollam filiT), facafir octif
fat, "ono ; octif feyi mfobo* octif foclad.
Seehr ngivafd ecna -ono, -do ctitpn .1. fiofaf ocuf fati5 ; anyiut
octif ffvtit "DO aill, ocuf ftip.fatnci'D, octif ffieifnenftit octif
fealmac.
Rofai -ono, cfii hanmanna cecraf .1. fiofai, octif oUaih, octif
fai liqfie. Ollati) ma ftii Je a cig niix)chtiafica ap. ife bif a ci§
ffii |xi$ mfin. Uofai "ono, ni tiyicoim'oen'd ni a ceuheofta
lianDaib f ait>e ; a T)ifie. Cechyiafi a]\ .ocx. a T)aTn, Uif, mcco
eifice a baif ina coichne'6.
8ai liqfie; ara cfienoe conuratb laif cont'd coTnT>i|ie f[il p.
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SEQUEL TO CRITH GABHLACH. 855
not possessed of cattle (* midh-ellach ') i.e. a man who does not hold Sbqukl to
stock, nor inheritance in land, who does not plough, for whom Qj^3^J]][J.„,
ploughing is not performed. Or, a * midhlach '-person, i.e. he is of —
middling composition in this case, because that he is middling of
face and of race, so that he is the material of a victim to he given
on account of a territory.
A clown, now, i.e. a mountebank, or a buffoon. Every man ^
who brings distortion upon his body and his face is not entitled to
' dire '-fine^ because he goes out of his own shape before hosts and
crowds.
A marsh-man, i.e. this is a robber whom his race and his family
shun, a violator of ' cain'-law and of law; and who goes from marsh
to marsh, and from mountain to mountain, ' Or a * riascaire '-man,
Le. a * rath '-builder who is enslaved to a chief and a church. He is
not entitled to * dire '-fine.
A crumb-fox, ie. he gets the crumbs {or fragments) of all food^
natural and unnatural ; or whatever he cranches or eats is his.
TTi^ere are seven things out of which a person is estimated — form,*
and race, land, and tillage, profession, and property, and worthiness.
The distinctions (or titles) of wisdom (literary professions), now,
are different from the titles of the laity; because it is a
'cumhal' of increase of honor-price that each grade of the
church takes, from the lighter of the candles, <tc., up to the.
psalmsinger.
It is by ' seds,' however, the increase of the * f6ne '-grades and the
poets progress, from low to high. Their proof and their denial, too,
correspond : a bishop and a king the origin of all chiefs, and an
* oUamh '-poet, a priest, and a professor however, and a 'mbidbadh '-
man, and a ' fochlach '-person.
The seven degrees (or gi*ades) of wisdom as settled are, i.e. a great
professor and a professor ; a noble stream, and a stream from a
cliff, and an illustrator, and an interrogator, and a pupil. .
As to SL great professor, now, three names he possesses — a great
professor and an * ollamh ' (chief doctor) ; and a professor of written
liistory.* The * ollamh ' sits in the banquetting house, because it is » Ir. Of (he
he that resides in his house with a king on that occasion. A great ^^^^'
professor does not fail in any question in the four departments of
knowledge;.. . . his ' dire '-fine . . . Four and twenty are his
company. A seventh part of the * eric '-fine for his death is paid
for denying him food.* - ^ Tr. Fatt^
A professor of written history J — Tliere are three things which ■**^*
VOL. IV. 2 A 2
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356 Cixidi ^Hxic.
$ff<rt rL TO |iitf|t€cti. bxfi -D0 1 imdir ociff i tofi a 'oecepot oc fo^mnk 006.
— - Of neola ma penncac ocuf ma Dlisn>.
CCntiurtiy wio ; aji cccbaji-Da aftie|\a|i .1. a|\ oine a pofwsroail ;
Ofi ftaft a cez\xcta ; Oji fulbuifve a mnpce ; aft mei> a cottiif ;
aji afiecofi m cat (vamn, tri j\ pli-oecc, ocof lei5mn, ocuf com^ne ;
ate na fvotpi co clette nania. Dd pep, jc. a ikiinh.
8ai .1. fCji |»|vcaiii cerhjianiat fuxmi> fuiche feicibi T)ib, nc
ceiiiif aeld^ : **6ai caem canome, coiii'6 laixmaip an niaicb.
06ca|\ a tin ; mi. cumala a 'Difve."
Sfvtich vo ailt# Ife a beffai^e, baroi'D cac mbec nerfimm
namific ; vo f 6xla aiUe, conoifce 5ne cpaga la c€f fine. Imta
f amlai'6 m f e]\ f aniailc€]\ puf ; baiii^ T>fioc lei^niu-da fo^ica-
ti[vaiT>f 1 CO nailchib refremna ocuf ce'Ofai'Di ; ocuf if rualams
a foficcral conoifce gne naipieipn, co n-Dilgu'o im an aef
mbecleijinx) inT)liStie6c qxai^ic 1 f|\ecnapcuf anfiocha;
pufif ainT)[ri*] -ono, f oficuipm a aicre 1 cetU ollomon. Teofia
let 6un»al a Diyie ; acuf ce'Ofai'b each nu)\coiniT>e'6 tta^a]x>ni afi
i*6na a nicp\aijte, ocuf a|i afne a inDcliucra.
Pp^ifnei*iT) .1. ffiiconia|\c -oia aire 1 ceiU a oUoman. Cumal
a "Diixe octif ce'Dfai* each nti]\coini'De'6 uo^afom -do neoch bef
anT)fom "oo.
pealniac .1. futlmac inic lafi leijin-o a falni. Lee cumal a
•Diiic.
ConiT) inanT) imuf jpfiecc^aor ^fiata ecna ocuf eclafa f^ti 5]\ai5a
pie ocuf fene ; adc if ccna marhaifi cacha T)ana -oib, conix)
af a baif vale hebaic.
6echc nsixrcfD pie .1. 6cef , anpxtiu, cli, cana. T)Of, ntac fui|\n)i^
fochlocc.
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SEQUEL TO CRITH GABRLACH. 357
elevate him till ho is of equal ' dire '-fine with a king of tenitones. Sequel to
To be in the bosom and in the midst of his disciples, learning from q^"™^„,
him. This is the man to whom his 'dire '-fine is not restored —
should he teach (or speak) silliness, because he is well versed in
his penance and in his lawful rights.
A noble sti'eam now ; for four reasons he is so called, Le. for
the nobleness of his teaching ; for the number of his intellectual
qualities ; for the eloquence ot his language ; for the greatness of
his knowledge ; because he comix^ses in every department, both
poetry, and literature and synchronism ; but he does not reach
to the top (of scholarship) only. Twelve njen are his com-
pany.
A professor, i.e. a man who professes a fourth part of the
scientific course, whichever of them it may be, as Cennfaeladh
did: "A comely professor of the canon, with his noble, good
wealth. Eight are his company ; seven aim/ials his * rftVe'-fine."
A sti'eam from a cliff. — The practice of that stream is^ it
drowns every little, light, weak thing ; it 9aiTies off loose rocks,
BO that they acquire the appearance of the strand by reason of the
heat of the weather. The same doth the man who is likened unto
it; he drowns bad scholars whom he confounds with rocks of testa*
ment {evidence) and intellect ; and he is able to modify his instruc-
tions to the complexion of simple information, in mercy to the
people of little learning (below the average), who ebb in the
presence of a noble stream.
An illustrator now : He answers his tutor with the sense of
an 'ollamli.' Three half 'cumhals cure his 'dire '-fine; and he
gives the sense of every difficulty on accoimt of the clearness of
his judgment, and the nobleness of his* intellect.
An interrogator, i.e. he inten*ogates his tutor with the sense of
an ' ollamh.' A ' cumhal ' is his ' dire '-fine, and he {the tutor)
gives him the sense of everything which is difficult to bim.
A pupil, i.e. a ' fuilmac '-pupil, a ,boy after reading his psalms.
Half a ' cumhal ' is his ' dire '-fine.
And so it Ls alike the degrees of wisdom and of the church cor-
respond with the degrees (or grades) of the poets, and the * feine ; *
but wisdom is the mother of each profession of them, and it is
of her hand they all drink.
Tliese are the seven degiees of the poets, i.e. the * eces '-poet, the
ansi-uth '-poet, the * cli '-poet, the ' cana '-poet, the ' dos '-poet, the
macfuirnddh 'poet, and the ' fochlocc '-poet.
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358 C|xich ^ablat-
Brqukl to Ocef .1. eqrmatecef .1. ■oona bi cef na haincef t>o ^fco*
Gi^HLACH.^^^' no ni pail til btif cef v6 ma -Don, concrd en6 a ainm
— nemcef , no eqpmacccef •
pie .1. palfai .1. fa^ nocb ; a|\ a [nf if] feal laifin pli* if feif
no foificecal ifin n^nochb^iila ; cona "oe crco fealmac, ocuf
feaHftib, ocuf fill, octif filii^ect, "Mo pli .n fC ocaf U .1. fi o
omna faifi, octif If a 'D6na.
OUam .1. oil -DO etm .1. fojvcain cecofia jionna [ocaf fobiuh if
lia btf ] ; fofi a •olcenfom ol'oaite na ^ficcba olcena- Wo oUccm .1.
C. 2070. oil a 'odm, cechixap, ap. .xx- CC|v occair c^ii hoUamuin onx) -i.
oUctm gaifi, fai ca^ eolaif una fuijlichefi, fjvifconiap^haft ni
f|iecnai|xc; ni befiaf. aincef aoo 1 mbfiecbatb aichjie ocuf
fenarcbp,e. Mo, oUam .1. mile in Un bif fO|i a "olnfoni olooci
na 5|xa6a olcena. II o, ollam afit> imofiiio, naifci ni nafcafu
CaiDiffoe? tlin. — CCniail fii connacr; amail af mbefiaf,; II1
boUam nafiT) caicet naililla mic moca mofia. Ho oUom .1.
oil -DO efm .1. cafc aen bif cinuaifli fif na n^fia*. OUom eicfi
7)110, foftcan cecbeo|iaf.anna plitecca cin anfif ninninu'ob.
CCnp,ucb .1. ai\'onaifCi'6, ni nafca^x faifx, ainail fio ^ab ^45
efienn.
CCnfiauh .1. ffiacb catn molca aa*, ocuf ffiticb int)baif -do.
Cli .1. ife a b€f na cleirbc, if ryi^n ocuf if 'offiecjocaf con^aib
oc«f con^aibtefi, •otetm ocaf •oiemafi ; a-ocamain^ o cleitna co
lap,. If anilaiT) in 'SV-a-o ifi a rea§aif na pli-bedra .1. if qfien
a cep.T), ocaf if •oifie^ a mef a caaijic a -oona ; con^aib a feib "oi
em bef ifle, vo neod orcaniams a "oan o anfiarb co focloc.
"Oof .1. fo cofmailif feioa |xo hainmnijcb .1. of vfu anmain
^ Witk<mt iffHoranee inthem, — TIic Irish oC this paragraph appears to be luispUccd
ip the MS., where it follows the first paragraph explanatory of 'aoruth.*
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SEQUEL TO CRITH GABIILACH. 359
The * eces *-i)oet, Le. not meeting with difficulties, (* ecsmacht-ces'), Sequbl to .
i.e. one to whom there is not difficulty nor impossibility such as Q^g^'la^
to arrest him; or there is nothing which can be difficult to him in
hia profession, so that his name is non-difficult ('nemces'), or
. who meets no difficulty (* ecsmachtces').
A ' file '-poet, i.e. * fialshai,' knowledge (' fial ') pixKeeds (' sai ') -
from him; for that which is 'feal'with the 'file '-poet is
knowledge, or instruction in the common language; and it is
hence come a pupil (' fealmac '), a philosopher (fealsub), and poet
(• fili '), and poetry (' fiUdecht'). Or ' fili,' i.e. ' fi ' and ' li,' i.e. the
venom (< fi ' of his satire, and the lustre (' li ') of his art
* OUamh '-poet, ie. much does he protect ; i.e. he teaches the
four departments of {poetry , &c.) {JUidecht'); and because the
number is greater which is wont to be upon his protection than
upon that of all the grades besides. Or, ' oUamh,' i.e. great (' oil ')
his company, (' damh, ') four and twenty. For there are three
' ollamhs ' in existence, i.e. an ' ollamh ' of wisdom, a professor of
eveiy kiTid of knowledge for which he is appealed to ; what he
is asked for, he refuses not ; no difficulty is canied away from him
unresolved in the judgments of fathers and grandfathers. Or,
* ollamh,' ie. more numerous is the number that are wont to be upon
his protection than the other gi-ades. Or, a high * ollamh/ he
binds, he is not bound. How is that 1 Answer — Like the King of
Connacht, as it is said : " He is not the high * ollamh ' of the pro-
vince of Ailill, the son of Mata Mor." Or, * ollamh,' Le. much
does he protect, Le. every one who is without nobility in the
knowledge of the grades. The 'ollamh' in poetry teaches the four
departments of poetry without ignorance in them.
* Anruth '-poet, Le. because he binds, he is not bound in the
same way as the King of Ireland.
The noble stream, Le. a stream of pleasing praise issuing from
him, and a stream of wealth to him.
The * cli '-poet, Le. the nature of the post (' cleith ') is, itisstrongand
straight, and it elevates and is elevated, it protects and is protected;
it is powerful from the ridge to the floor. It is the same with this
grade in the poetic house, 'i.e. his art is powerful, and his
judgment is straight in the circuit of his profc^ion ; he elevates
his dignity above those who are below him,- because his art '
embraces all from a noble stream to a ' fochlaoch person.'
The 'dos'-poet, Le. from similitude to a tree he has been
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360 Cjiich ^aBlac.
Sequel to ferta |X)f.oiJlenac a nT)an. Itnrha f ainlotT) if a hcmmaiTn iperoa
GABULAcn ^^^r ^ cofmailef |io hainiiini*e& "oof ; ap, if ann if T)Of in qiatin
— =■ T)ia btioDam, bciif ic cecbeofia T)uille bic.fai|\. Cech|\o|i, •ono,
T>am in "Dtiif .
TTlac fuip.mi'D .1. mac ftiif\mithe|x fie -oan of mac .1. if mac va
a 'Don .1. nl mait f 05fiaiT)6T)ai\ fon, ace ayi mac ai]"ibi if mairh ne.
Pochloc .1. fo cofmaitittf pochlocain co nT)ib 'omllib. "Oif
•ono, DOfom. tlo fochlac .1 focli feca .1. cen fO|\boifC fop, a
T>an. "Mo, cael a "oan a|i oi^e.
bayvD, 'ono, cin -DliseT) fe^luime ace in-orleachc fODeifin.
Peafi ceaTiT>a, imopfio, tan tetfiv lafi]i'6e.
Caince, feayv ayva jiofofi a biax) en . • . ainm ai|\e.
Cefc-T— In fop^con^apafi ctifiacfieic molea no aipe ?
TTlat) lap. n'otigiT) na e|\eibe -oeota, ni fOficongaiji ace mola'6
•oe nama, ocuf iy nem a loj. fTlaD lafi n'oli^e na ep,eibi 'Domont)a
imo|VYio, foticongatiap. ne <8almon quo moTK) comp]\obaeop.
ayvgen'oum in conflacona, ee in pupnoce aif|\um» fic homo opa
latit>aneif.
Conmitiehep. a]\m coip, comobuif cac -ouine T)ein •Dligehi'oe, icip,
mac cletp^ch f ceo laech, icip feap ocuf mnai ; e^xef lifen each
mac cleipij, no caembachall f^xi hti|ifclaite ua"6; oicael
co'ooe ixoDCT) T)o each mnai ; ta gaei im echluifc naip^iga each
laich ma laim ; eaball lopg -do filetaib, lap copuf a spai-oh ;
ap, ife-D a comataf coi|i conmititap, ap.m in'DjDop.b -ooib.
Ro mi'dapehap. mopan-o pep, f ae|i, co cuimnib ; cumal ceaceaft
a -oa f ul, ap. cpuch, ocuf Deicf in cuinehach ; cumal beil a\\
blaifeche ocuf labpax) ; cumul eengaT), eacheai-o, •oona labpa-o
leicehep ; cumal efpona ap, bieh cluaif ocuf bollcnuguit) ; t>a
cumailcluaif ap, 6ifceche, ocuf imcoimce; cumul bpai^ee a\\
! A good * tnuo-airbCf* tid. Connac'« Glossary guJb voce.
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SEQUEL TO CRITll GABHLACH. 361
named, i.e. it is through (under) tlie name of a tree they learn Sequel to
their art. In like manner it is from the name and the similitude „ Crith
. , . Gabhi,ai:ii
of a tree a * dos -poet^has been named ; because the time that a
tree is a ' dos ' is after a year of growth, and it is four leaves that
are on it. Four now, are the company of the * dos '-poet.
The ' mac-fuirmidh '-poet, i.e. a boy who is set to learn an art •
from his boyhood, La his art is his son, Le. it is not well he has
graduated, but he becomes a good * mac-airbe."
The ' focldoc '-poet, Le. he is named in similitude of a sprig of
brooklime (* fochlachan ') with two leaves. Two persons, therefore,
are allowed for him as company ; or * fochloch,' Le. a hard sub-tree
(* fochli seca *), Le. without increase (or expansion) of his ai-t. Or,
his art is slender because of his youth.
A bard, now, is one without lawful learning but his own intellect
A man of art, now, he w one wlio has full art
A satii-ist is a man who is deprived of his refections' . . the
name of a satire.
Question. — Is payment for praise, or satire commanded in tlte
laws?
If accoi*ding to the law of the divine house, there is no command
but for the pi-aise of God alone, and heaven is its price. If
according to the law of the worldly house, however, it is com-
manded, ut Salmon quo modo comprobator argendum in confla-
tona, et in furnace aurum, sic homo ora laudantis.
A proper, becoming weapon is estimated for every true, lawful
person, both cleiics and laity, both man and woman : a three-
angled stave to every cleric, or a handsome cixx)ked staff for the
purpose of defence, &c. ; a slender, smooth distaff for every woman ;
two spears with the horse switch t>f a chariot-driver for every
layman in his hand ; a tubletrstave for poets according to the
propriety of their order ; because it is their becoming propriety
that estimates an uncertain weapon for them.
Morann has estimated a free man, for remembrance' ; a ' cum-
hal' for each of his two eyes, for beauty, and seeing, and
ornament ; a * cumhal ' for the mouth, for taste, and for speaking;
a *cnmhar for choking the tongue by which it is not permitted
to speak ; a 'cumhal' for the nose because of hearing and smeUing ;
two * cumhals ' for the ear, for hearing and guarding ; a * cumhal '
for the neck, for laughing and for voice; two 'cumhals ' for the
•HU re/ec<ib7w.— The MS. is defective here.
» For retncmbrancc^ThtLi Ig as » mnemone.
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362 Ciwch ^ablai.
Sequel TO fmttirh giich ; va ctinitiil -of ^dic ap, Itich octif nijic; T)a
Gabh™ch-^^^"^®^^ '^^ ^^^ "t^ tiTV^abail ocuf |X>5iit]ni; thx chumoit i>f
chof ap, |X)fiinT:eachc octif tX)laD ; ctinjjxl b|xom) a|i rhtichr;
C. 207a octif fX)|vbaific. [51*0 fen ceyvobi afenonb neiffrDeirin 'oltsfD ctfi^
Cjiafca.]
Cia neithecn) af Tiaiflfe pi 1 calmatn ? Meime* nedafa. Cia
. neimecro if tiaif Im fil a tieclaif ? Ileimet ticafptiic,
Ife efptic af uoifliti 'Dibfi'6e eafbuc ecafla [ecatfa] peocaitt,
afirif fomdfn biueflaiue fioihdn ; octif tii bi foe moafnneich naT>
bi oige wo airhinge, no lanamnufa •oliguig; cona6 •DOftn^m
liofatJ.uH. ctinial each ^ftait -Dong .uff. Ti5|vxi6aib filic paifi,
ma belt ejxic -do ici|i, munabe eyiic, baf 'Dtiine iiro.
Cm hai|itii icaitifin ? CCca ifin rfxachroiD t>o f-igne aiigtiifcin
T)o Jfiobaib eclaf a, ocuf vm n-oitiib, octjf T>ia roichtieo^aib, ocuf
a tiof eclaf a pecaifi, ocuf iinpifi m beouha uile.
CCca q[w cinafo fo pich -otjine •!. cin af Itija ol-oaf fODetfin,
fcaiTft -Dia iTiDile, an af cuqfiuma ffiif , t»ii; fooeipn inT), cin
af in6 indf, a bdf inT), la heftfc o chiniaT).
Ocaf a neifxinT), cia 'oitio af uaif le fil inT)e ?
Difie efpuic oije cona Ian f olcaib amail t>l6a5ap, vo.
Caice fiach ^ona efpaic oige ?
Win. T411 0011*6 a cfiocha caca laime no-ogom ; if let pach
a gona ma ^fgtiin.
Cach 'Diiine afii-oppT; hep, ocuf nachiT) nanaij each ni]\c
each folafit] ocuf co nimteic bitbata, .uin cumala each ae.
Cel^U'd fola "do; ma p.i calmain na fola inin-DpiJ, cp-o^o* m
bi-DbaD in-D ; no ic .tiff, cumala inp. a p olaeh ocuf a 4p,ic.
TTlaD tna aije, appenap, conileter a aigche "oo ap-^ar, oc«f a
* Dtedt Every one who stands by and who protects him not with all his
strength and with all his might, the Aggressor escapes, pays seven ' cumbala.*
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SEQUEL TO CBITH GABULACH. 363
fist (or wrist), for suppleness and for strength ; two ' cumhals ' Sequrl to
for the hand for catching and for working; two * cumhals* for^ Cbith
the leg, for walking and supporting ; a ' cumhal * for the belly,
for grace and swelling. As to this, however, though it was enacted,
in the olden they are unrecognised by law at the present time.
What is the highest dignity on earth ? The dignity of the
church. What is the highest dignity which is in the church t
The dignity of a bisho}).
The highest bishop of these is the bishop of Peter's Church,
because it is under his subjection the chiefs of Home are ; and
they are not under ' the subjection of anyone who has not
virginity, or repentance, or lavrful espousal ; and it is to him
that seven * cumhals ' are payable for every degree of the seven
degrees (or, oi*ders) that are upon him, if there be ' eric '-fine for
him at all ; if not ' eric '-fine, ^lere is U> be the death of a person
for it {the crime).
Where is this to be/otmd f It is in the tract which Augustine
wrote upon the degrees of the church and of their ' dire '-fines ;
and of their non-feedings, and the pai*ticular law of the church of
Peter, and the emperor of the whole world.
There are three crimes which a person commits, ie. a crime
smaller than himself which he pays with his property, a crime
which is equal to himself, he himself is paid for it, as to b, crime
which is greater than his death, hijnsel/^ is diLS for it and with
' eric '-fine from his family (or tribe).
And in Erinn, what is the highest ' dire '-fine therein 9
The ' dire '-fine of a virgin bishop, with his full attributes such
as he is entitled to.
What is the penalty* of wounding a virgin bisho]) 1 . • Ir. Deft*.
Answer : Three victims to be hanged from every hand that
wounded him ; half the debt of wounding ]&paid for insulting him.
As to every person who sees and who does not protect him by
all his strength, by all his deeds,' and that the guilty person
escapes, there are seven ' cumlials * due fi'om each. .
As to shedding his blood ; if it reaches the ground, as blood
that requires a tent,* the guilty person is to be hanged for it ; or
it is seven ' cumhals ' tliat are to he paid for his sick maintenance '
and his * eric '-fine.
If it (^Ae MHm?wi) be in his face, the breadth of his face of silveris
paid, and of the crown of his head of gold ; and he sues him for
• A tent.— riifo Book of AicUl.
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364 Cfiich ^ablac.
Sequel to mullaij vo o|i ; ocof 0*0501116 nainme 1 fochaiT>e co cenn ceofia .
GABHLAcn.^^^^^^^^'^ > ^ ftitT^iu-b anunn, if cumal inx), mena T)il§e.
TTla anjx>r, if lee, .tiii. cumala itiii.
Oanbeim ayi aenluf , if cechp-tiime .1111. cumala im?.
TTla tallca|i nl T)ia ftilc, fev cacha fuilre mv co ficliic f mime.
TTlafa fiugti'6 afi aenluf do gatkiil a laime, wo a 6cai5, no -oo
cifcail a cluic aifie, if let fiach a ^ona itit). CCf be'fioc if lee
fiach a •Digona oftaile.
In facafic oige, 'ono, if ronip efptiic oi§e. If cumal icifv ara
o m)i|xe vo each fogail fofechu^x fT^iu, ocuf -oo ca6 cara.
Imclia famlaiTo each sfio* oije co nee ma clciiiech noi^e,
con'oat .uH. cumala ma ^um, no cimi'o ; ace ni each eimi'6, ace
.U11. cumala m-o m-oiu laimeD na nT)ume no m bttbot tk) jio^ba
in cmai* ; ocuf ma -oo buna* cmiuil "oo, ocuf ifaeficlanT), lee
fiach a gona ma 'ofguin, uc fupfia 'Oix imuf .
Oafpue aenfeirce, -ono, -oa q[iian f aijef co hefpuc noije do
cac caca, ocuf do cac Difie conDar Da .uff. cumal ma guin,
ocuf a let ma Digum.
Imcha famlai-b facap,?: aenfeircho ; if cumal in|\ oca cat
nae, con Da qfiian .uii. cumala do mac detpech aen^^eir^e.
If a qxian Dno, fe^Dai na jfiaDoi acnfeitce fp.if na gjxa'da
oi§e, do cac fogail, inft DCjigbem ocuf banb6im cnocbeim, ocuf
fapuJuD ; ocuf imcheimn irtfi ni bcf afi aenluf ocuf na ba
a\i aenluf , amail if |iubfiaD a ngpoDaib oige.
Ofpuc aiehtpige, Dno, do cpian faigef co hefpuc naenf4icce ;
.IX. cumala ocuf Da bai ma gum ; let fia6 a gona ma Dijum,
ocuf ma f afiugoD.
Imeha famlait facafic aichpige; if cumal luip ata ocuf
efpuc aitpige.
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SEQUEL TO CRITH GABHLACH. 365
every time that he is reproached with the blemi&h* in a crowd, to Sequbl to
the end of three years ; from that out, it is a * cumhal * in P"l>lic Gabh'lach.
for it that is dtie, unless he forgives him.
If it be unintentional, it is half seven ' cumhals ' t/uU is paid ^f^^'
for it (the wound).
If it be a white sudden blow, it is a fourth part of seven
cumhals ' t/iat is paid for it.
If any of his hair is pulled off, there is a * sed dtte for every'
hair of it to twenty hairs.
If he be suddenly caught, to grasp his hand or his clothes,
or to deprive him of his bell, half the fine for wounding
him is to be paid for it. Others say that it (thfi penalty) is half
the debt of insult to him.
The virgin priest now is second to the virgin bishop. It is a
' cumhar that is between their * dire '-fines in every trespass that
is committed against them, and in every case of distinction
(separate case). It is so with every grade of virginity imtil it
comes to he the case of a virgin cleric, so that there are seven
< cumhals * dtie for wounding him, or a victim ; but it is not
any victim, but seven * cumhals ' a victim that is paid for it^ to
buy off the people or the guilty person who committed tlie
crime ; and if he is one of the original race of the district and
of a free family, half the fine for wounding him, is paid for
Insulting him, ut supra diximus.
As to % bishop of one wife, now; he reaches to two-thirds of the
fine to a virgin bishop in every case of distinction, and in every
' dire '-fine, so that it is seven that are due * cumhals * for wound-
ing him, and the half for< insulting him.
It is the same witn^ the priest of one wife ; it is a ^dimhal'
also that is for each of them, so that it is two thirds of seven
* cumhals ' that are paid for the cleric of one wife.
It is to the extent of a iliird now, the grades of one wife reach
to the grades of virginity, in every trespass, whether* a red blow * Ir. B9
and a lump blow, and violation ; and graduating between the thing '
that is sudden, and that is not sudden, as was said in the case of the
virgin grades.
As to a penitent bishop now ; to the extent of two thirds he reaches
to a bishop of one wife : nine 'cumhals' and two cows are the
penalty for wounding him ; half the fine for wounding him is paid
for insulting him, and for violating his protection.
It is the same with a penitent priest ; it is a ' cumlial ' that is
between him and the penitent bishop.
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366 Cfxich ^ablac.
Skqoel to Imta famlai* each sfwrt afaf T)ia tioile co wa, if cutnat
Q^^™^ in|i ata ; conTMin reofia ctimalo a n^tiin mic cteifii^ aichin^e,
ocuf a let ma •oiguin. Oc coTnT>i|ie "ono, octtf mae cleifiij bin
infi xniait octif eclaif, ein ^tiin an ^aic; octif vc va rftian
fe^a Tia ^jxota aiuhfiige fftif na gjia^a aenfeicche -oo each
eftca ocuf vo cac T>f|xe inyi 6elcoT& fola ocuf bonbetn ocu^
Deap.sb^im, amail if yiubfux*.
CCcaic Cfii haichlaich i neclaif .1. ablaech ofi a raboifi anm-
caf\a a ceifc, ocuf f acafibtiic bif a ffp. a6ncai'6 eclafa, cin eomtii*
coife tia laime. If o 'SV'Ocb oi^e "00 |iena|iti. If coiri'Difve ffw
mac cl6i|iech t)oi$e; comDOC .mi. cumijla ma Jtim, ocuf if
€001*011X6 vo each cdca olchena, octif i^lcab fola ocuf bonbeim.
OCchlaech a|ia cabtiip. a cefc hod nafcnai faca|ibtiic, coro a6c
-oa cfiian p.ofaig eofin ochlaech ctiif ech. CCchlaech aile, -do
bei|i cfiich f|iia uola, ocuf 'do raec co cleifichia miu, na
rabaifi annicofxa a ceifc. "Oa ufiian faijeaf etjf m aclaeeh
iiie6onach.
tJa ba tnachra-D la nech cofiTDiiie *Don[a] auhlaecliuib fxif
noige, vnav beic T>ia feijic la "oia, octif v\ mec a faechaifv, mac
eomlma a fe|vca, no mac lia, amail -do boi peTTop, octif pol pfii
heoin, ocuf amail p.o boi anran ocuf na^xuan ; Ux; •oicic fq\ip-
mpa, " iibi habun-oabic X)ilechctim, fupep. habun-oabir jpxrcia."
Ochc ctimala in -oipi faigef efptic oije, mi. eumala t)i
facap-u oije. m. eumala X)in gp.uiT) ranuipu. Imta famlam
ca6 5Tva* afaf -oiapaile co 'otaD ; if ctiimal imp, coc ime ; eona-D
eumal 1 \\T)\]\e hfeOiu mic cl^ipij oige.
•Oa qiion faigof efpae aenrfeicce co hefpac noige ; conTHxr
.11. eumala ocuf "oa bai 1 n-oipe a feoic efpuic aenfeicci. Ic va
cfiian f aijof mailo.
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SEQUEL TO ClllTlI GABIILACH. 367
It is the same with every grade that grows above another, Sequjm- to
unto the end, it is a *cumhal* .that is between them; so thatQ^^m^^^,j,^
it is three *cumhals* that are paid for wounding a penitent
cleric (or clerical student), and half thereof for insulting him.
He is of the same ^ dire '-fine now with the clerics (or clerical stu-
dents) who are between the laity and the church, not being
guilty of wounding or theft; and it is to the extent of two thirds
the penitent grades reach unto the grades of one wife, in every
case of distinction, and in every * dire '-fine between shedding of
blood and a white blow and a red blow, as has been said.
There are thi*ee kinds of lay recluses in a church, ie. a lay recluse
upon whom a soul-friend pronounces his character of. approval^
and who goes to the sacrament, who is in the true unity of a church,
without power of foot or hand. It is as a grade of virginity he is
paid^n69. He is of equal ' dire '-fine with a virgin clerical student ;
so that there are seven cumhals for wounding him, and he is of
equal * dire '-fine with him in every dignity besides, and shedding
of blood, and white blow,
A. lay recluse upon whom he pronounces his character, who
does not go to the sacrament, it is but two thirds ho reaches to
the first lay recluse. Another lay recluse is he who puts bounds
to his passions, and who goes to the clergy at this day, upon whom
a soul-friend does not pronounce his chai-acter (or recommendation).
To the extent of two thirds he reaches imto the middle lay recluse. -
A person should not wonder that there should be an equal
* dire '-fine for the lay recluses who are without virginity, if they
be beloved of God, and their works gre^t, if their miracles are as
numerous, or if they are more numerous, in the same way that
Peter and Paul were to John, and in the same way Anthony and
Martin were ; ut dixit Scriptura, *' ubi habimdabit dUechtum
super habundabit gratia.'*
Eight ' cumhals are^paid as the ' dire '-fine of a virgin bishop, '
seven ' cumhals ' to a priest, six ' cumhals ' to the grade second to
him. Itis the same with every grade which grows above another
to the last ; it is a ' cumhal ' that is between every two of them ; so
that it is a ' cumhal ' that is paid as the ' dire '-fine for the ' sed ' of
a virgin clerical student.
To two thirds the bishop of one wife reaches unto a virgin
bishop ; so that two ' cumals ' and two cows are paid as the ' dire '-
fine for the ' sed ' of a bishop of one wife. It is to two thii*ds the
rest advance.
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368 Cfxich 'gaBUe.
Sbqusl to ifi a ctttnal fifiiiche^\, conT)a ceitfii .1. air ai-oche -oo pennatr di
Gabh*lach.^^"^ deified denfeftce a ti'offie.a feoir.
— Imcha famtaiT) efpuc airhfvige ; ic -oa rfiicm paigef co hefptic
aerifeicde vo -oifie afeoic; cot^-oac ceofia cuinala octif .IHI.bai a
ti'Difii f eoic efbuic aiuhiiije. Ic "od cfiicm tH) cacli ^^ii afiailL co
fiice •oea'6. Inacumal |ifinche|X, con'oac qxi .1. or ai*ce -00 mac
cleip.e6 aitfiige i rroffie a feoir.
Qxlaec a|ia rabaip, cmmcap,a octif facofic ceifc com'of|ie a
feoiu nfii inac cleifiec noiji .i. cumal -ooib. (Xtlaet ele •ono,
com'Ditie a feoiu fjfvi mac cleifie6 noi^e; .1. ar 01*660 -odib.
CCclaec ele 'ono, coni'Di|\e a fcoic f^ii mac deijxec naitfiije, r|ii
caecair aii6che 'ooib.
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SEQUEL TO CRITH QABHIiAOH. 869 .
It is in ' cumhals ' they are computed, so that it is four times fifty Sbqubl to
nights of penance ih(U are due from a clerical student of one '^^'^q^bhij^
as * dire '-fine for* his sed.
It is the same with the repentant bishop ; it is to ^A« extent of^' ^* "**
two thirds he reaches to a bishop of one wife as to * dire '-fine for his
* sed ' ; so that it is three ' cumhals ' and three cows Uvat are paid as
the ' dire '-fine of a repentant bishop. It is two thirds to each with
the other till it comes to the last. It is in ' cumhals ' they are
computed^ so that there are three times fifty nights of penance
due by the repentant clerical student as the ' dire '-fine for his * sed.'
As to A lay recluse of whom a soid-fiiend and a priest gave a cha-
racter ; his ' sed ' is of equal * dire '-fine with that of the vii^gin
clerical studeut, La a * cumhal ' for them. There is another lay
recluse now ; the * dire '-fine for his ' sed ' is equal to that of a vir-
gin clerical student : four times fifty nights are due to them.
There is another lay recluse now ; the ' dire '-fine of his ' sed ' is
equal to that of a repentant clerical student : three times fifty
nights ore due for them. • ' '
VOL, IV. 2b
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SUCCESSION.
VOL. IV.
2b2
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«
s^^o- Sinnfeafi la pne, peabra la plaich, ecna la heclaif.
Ocuf , mafi cTDetfi ** a|i if •Da§alc|ia6 beta bp^ijoib fin fen-
b|xeu!ia, a^xa cae bop.b ecna i noji-oaib eclaife a]\a cae attach,
flait, a|ia cae Ofofi fiTrnfip, ; " .1. eifigt no ceimnigaf in Vi if 6
fioim in cl If fine af in 11151, no af an apDaine, no if in ftoinnf
ngeilfi'ne. TTla|i croeip,; "Poqxena aof la feme; ap, in -oa
aip,e vo ^omcenel bef cucftuma feib ocuf coctif , ocuf in n bef
fine if6 -00 f^D." Ocuf; "•oIijitd fean fogaiyie, octif -Dlisi-d
finnfeafi faofi roga." Octif ; ^'-oo fCD ae aefaib, octif -oo per)
liac (no liaf) labfia," ,1. na 11151 mafa comaef, comaich lau, if
qxonncofi amf.fia um an 11151 ; octjf ma fine nead fee a ceile
T)ib if a •out inn. Octif; cacac tium -oaif loj finnfifv, ctif
nafobftna, cuf nup.labfia,co5o -do fiannaib, vo fiauhatb T)obua|x,
•00 bit ciiifib, -DO zlatZy vo calmain.^ If -oe ard, |vannai'6 6fOfi,
octJf 'D0505a ftnnfeap,. Ocuf j ni ctiif.icheft cuaijiu fOfi 5ablaib
fine mana cabjia -Dia •do neoch -oib in Cf unn^xa'b ; ace lap. febaf
^o 5oachap, ocuf a •oo5afito|\ .1. t>ei'De ap, na ctii|vchefi in
cnaific; ma la haon 5abail no mana b6 vo na 5ablaib ■oamno
aba baf fepfi, a'6 cotrcenYi t)oib. *OeiJi -ono, ap ctifitap ,1.
cotrcennaf ocuf coma^bufi .1. cealliap, n5fiian, octif fine efiluina
ima leit ; if lafi fieib -do sablatb imacbiac .1. if tap. pe na 5abla
ftfv bif fin "Don 5abail eile; ap if lap, naipillitiT> "oo 1:10501;
ma coimft, octif if tap febaf if na 5abla fooetfin, ocuf if tafi
feabaf m 51x01*6 tmofipo,
V The following remark by the Scribe ii prefixed to this short tract !—
""Dap in lebayi fo ma-o peDaim anairim -oia befvac in f innfeajx tvoim in
fofatv ann gac gne mati a ■oeiju'o lift -Dlisti fo pf . "Caifiif fin "oo ven
cpecumufc -oa n-olichib cp,ic a ceile.
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SUCCESSION.
'* The senior with the fami ly, dignity with the chief, Suo-
wisdom with the church." —
And, as it says : " For well fostered was vigorous life in the old
' judgments, for ignorance was set aside for wisdom in the orders of
the church, a boor was set aside for a chief, the junior was seta«ide
for the senior,*' Lo. the person who is junior shall rise or walk out
of the kingship, or the abbacy, or the 'geilfine '-chieftainship be-
fore the person who is senior. As it says : " Age is rewarded by
the Feini," for where there are two chiefs of the same family who
are of equal dignity and property, the senior shall take precedence.
And again : '* The old man is entitled to good maintenance, and
the senior is entitled to noble election." And ; *' science takes pre-
cedence of age, and greyness takes precedence in speaking," that
is, if the kings be equally old and good, lots are to be cast be*
tween them respecting the kingship ; but if one of tliem is older
than the other, he shall go into it. And; "I have for age the
price of the senior, beginning of speech, beginning of utterance,
choice of divisions, of stock, of kine, of * bith '-tuisi, of raiment, of
land." From this is derived the inaanm, " The junior shares, and
the senior is elected." And ; " there is no enquiiy hi/ lot among the
branches of the family if God has endowed one of them in particular;
but he is rejected or chosen according to his goodness, Le. there
are two things for which the enquiry is not made hi/ lot ; if it be-
longs to one branch, or if there be not of the different branches to
whom it is in common a bettor *materies' of an abbot. There are
two reasons also for which the search is made, i.e. commonness and
equal * materies' Le. a ' cill '-church to which the tribe of the land* * !'• Af^
and the tribe of the patron saint succeed equally, they shall succeed
in turns about, i.e. it is after the turn of the true branch the other
branch shall have its turn ; for it is according to desert they come
into power, and it is according to the goodness of the branch itself,
By this book, if I can, in tlie name of God, I will bring the senior before the
. junior in every case, as these laws down here state. Beyond this I will moke an .
iutermijctare of their laws altogether."
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374 'Succerpon.
Sue- -obn jabaitbeff e in ftigi ifec^i-o innci .1, in ui if |»atvt^ if^ii
CESSION. gQ^j(3til fin. Ocuf ; cenn caich lap, n'oep.aib a fine, .1. iq\uni giifxab
•DO |\6ip, na fine bef an ca^ if cenn.
befa f[iuiuhe ; befa huaifli ; bef a ufiebaifii ; befa ^cnche ;
befaecna ; befa fochp.aici co fio^x ; befarfteifi ffii himfoicher) ;
heya fOjitifDa ffii hufinoo fomaine, ocuf 'oomaine. Octif,
im-Dich 5ach cofip a memfia, ma focofip, fo gnimaib, fobefac,
flan, fofolcac, foctimaf . Cofip ca qiich a fine. "Mi bf not
cop,p cen cenn.
befa f fin icbe .1. anaoif noa cenet. befa huaifli .i.ansp,a6.
bef a ctiebuitii .1. inri ap, ocuf im baam. befa garche.i. anecna no
andicfie. befa ecna .1. a leijenn. befa fochfiaici co fio|i .1.
bef -oeg toifi'Dis 50 luce pof,a .1. cafia Tnuinnci|\ cafi ctiicli a gabaillatf .
befa cjieif 1 f yvi h im p oiche'o .1. pfii eimptiaicf,i no chat -oil), befa
fon-tifoa p|ii 1iii|\na'D fotname .1. wbaw. Octif •oomaine .1-
ancu Ocuf im-oicb gacb cojip a memyva .1. if eim'oitna 50* cenn
a moo foijiitned. TTl a f ocotip .1. ma "oeg ienel d gin gn poijiseaH, ^in
5iipiaT)noife. Po gnimaib .1. gin gum gin tpoTilofcai6. 6obefa6
.1. gin gaic gin b|iaic. ^lan .i. gin cinua. Bopolcac.i. nm oin ocvf
im aichne ocaf im ain.leca. Bocuin af .1. im echaib im ffvianaib. Cof p
ca cfiich a fine .1. ife^ if cofip'oon each if cenn apne. I^t b1 na£
coTip cen cenn .1. ^ib pein pojitia -00 jieiti T>ligi'o. -
Ocuf mofi aDei|i ; pnechufi gad folebac, ni fop.b[iifcaix nac
in-olefa, cfien ga6 gaot ; mait gac ben genmnaiTD na bi 'Ofitiuh ;
niait gac mac bef gop, -oia aiuhai^\; matt gad mac bef gop. -oia
eclaif ; ni hinaip.buap, uaiuhe cia "oof necma pop, dofnam ; ap,
ni cuiiomenap, ctii^x neime, a|x innf amailuep, fp,i befa cap.pai'o
nac cuitmeT) {.1 , -oia cap.x)a -00 lam -do p.ot in cofipaii; • •) ; nac
cuitmen vo nuitmenap, if cuafluccco to ntiafltiicrep. tiat .1. nac
mnfaigiT) innfaigcaf nee cuigi, if fia fa fia uata 6. Imta fam-
lai-D in cinn'oligcec cofnaf |\igi no ab-oaine, if fio fiooe tia^a e.
Octif ; ap.a pef ep, cecca ^115 ba f omaineac |Xomaineac .1. foagal-
laim gin mop.x)aT:a'o. ba ^\o ixatmap, .1. gu^xab mop, a pxxt vo
ceilib. ba |\o nmot 1 macaib te .1. fp,i macaib eclaifi.
» That thou mayftt *now.— This seems part of the *ceagafg pio^ga,* op
*' Instruction of a King " ascribed to Cor mac Mac Airt, King of Ireland, a.d. ^50.
It is somewhat in the manner of the first part of ** The Book of AicilL" Vida
Ancient Laws of Ireland, vol. 3, pi>. 85, 107, ^c.
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SUCCESSION. 375
aud it is according to the goodness of the grade also, and the most Suo-
worthy person of the branch shall go into it, ie. the best person of ^'^'^" *
that branch. And " the head of all according to the ' dera' of the
tribe," i.e. that every one ^ho is a head should be afterwards accord-
ing to the family.
Who is the noblest ; who is the highest ; who is the wealthiest ;
the shrewdest; the wisest; who is popular as to compurga-
tion ; who is most powei-ful to sue ; the most firm to sue for
{>rofit3 and losses. And ; every body defends, its members, if a
goodly body, well-deeded, well-moralled, affluent, capable. The
body of each is his tribe. There is no body without a head.
Who is the noblest, i.e. in age or in famUy. Who is the highest, Le. in
grade. Whois the wealthiest, I.e. in ploughing and reaping. The shrewdest,
i.e. in wisdom or in mind. The wisest, i.e. in learning. Who is popalar as
to compurgation, i.e. who has good friends with compurgators, i.e. good friends
outside the territory adhering to him. Who is most powerful to sue, ie. to
prosecute for each of them. The most firm to sue for profits, i.e. of the
*dibadh*-property. And losses, ie. liabilities. And, every body defends
its members, ie. every head quickly defends its relieving servitors. I f a goodly
body, ie. if it be of a goodly race, without false decision, without false witness.
Well-deeded, ie. without wounding, without burning. Well-moralled, ie.
without thieving, without robbery. Sound, ie. without crime. Affluent, ie.
as to lending and giving in charge and on pledge, or for interest. Capable, ie.
as to horses and bridles. The body of each is his tribe, ie. the body of each
person who is head is his tribe. There is no body without a head, ie. of
themselves (the tribe)^ over them according to law.
And as it says : " Every bedfellow is a tribeman ; nothing un-
lawful is a loss ; every wise man is mighty ; good is every chaste .
woman who is not lecherous ; good is every son who is obedient to
his father ; good is every monk who is obedient to his church ; he
shall not be expelled therefrom, though it should be contested with
him ; for the contracts against the ^ nemhedh '-person are not bind-
ing, for every binding is likened unto the manner of the chariot (i.e,
if thou puttest thy hand to the wheel of the chariot it escapes thee)
every closing up that is made is an escape from him ; Le. every
approach one makes towards it, the farther and the farther it is
from him. And thus also is the unlawful person who contests a ^
chieftainship or an abbacy, the nearer he comes to the law, the
farther is it from him." And, " That thou mayest know,' the right
qualifications of a king who is wealthy and affluent," i.e. affability
without haughtiness. *\ Let him give much stock," ie. let his
stock to his tenants be great. " Let him be kind to the sons of
God," La to the sons of the church.
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376 /Sticcefpon-
Suo- Ocof; a na coiiin, a cotiinaic, ol coifipjxt, cia af njebtofx
*'"^''* t^aich pojx Tmmth ? Wfn— CC ^eib cfiota octif cenoil, octif ceitte
ocuf eayinsna, octif ofi-oain ocuf ti|ilab|\a ; a mait ocof a tigaif ,
ocnf a nifiz;, octif a fochftaiT) octif im^ona ^abrhoiv.
Octif; cmtnefa^ ca6 modcoiT), .1. if fi|\ Imm mefemnii
flacamnafa x)oti cf -oo ni each 'oomogtig.
Octif; nmtif ctim'oaix; pine, ,1. t)ecatb octif neoat ocaf t>o
506 title cabafictif .
Octif; boTifv f lairh tiaf each, ocof catfech cachapne ofv -do
tietoD feib octif befcna .1. na zfii coiincaitiiffnib.
Octif; ba pf ^nae no aibainn ^an 50111 in-oecbiixi, octif ^ccn
gaiT) ivifi. Woj If -06 If coi|i rtitftgeacu x\a fine, "oon ci if fep.fv
rotcof ffvi hti|inai^ mbiora.
Octif ; mail ODeifi, foft^a 506 fine a fof^utde a fallfga* •!•
if6 If fetifi If fift to^ai* •oon fine in n fofcuchaf tiocha in
riutnoo innDligiT) f cucbaf cucu, no f cti^tif fal -oo^iiaire wb.
Ocuf oDeift; cenn rfiom each mam, .1. if qr^om leif acenn
in n ^abaf maoine in p.ata.
Ocuf ; ailiT) ^ach |\ach a fomaine.
Octif map, aT)ei|i ; ni f lac f op. ai6 aof ; ni haof conpogtouafi
f innnu ; ni haof nennca nemcefa.
Ocuf ; t)Ofex) 05 lap. n^tilf ,1. f oillft.
Ocuf ; fp,tiicbem peib aof .
Octif; ni ui finnfeap, fita nopap,, mtina fop,qiafcap,.
Ocuf ; na fop.c^T) la painnc fltitnui on plaiteof .1. cemcro*
f anneal laif .
Ocuf ; "DO faoi cp,ib combpuch omna otoch f ocp,aiT:i.
Octif ; cro^uiuep, na f eagap, nax) aicciuhep, copafop, cofe^afi
CO puapcap, naix)m ponaim pop. natDm.
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SUCCESSION. 377
And ; " O grandson of Conn O'Cormac, said Coirpre, for what is Suc-
a prince selected over a counta-y 1 Answer— From tlie goodness of '
his form and race, and sense and learning, and dignity, and
utterance; he is selected for his goodness, and for his wisdom, and
strength, and forces, and valour in fighting."
And ; every powerful man,* is to be estimated, i.e. I deem it right
that chieftainship should be ceded to the person who is able to
master all.
And ; " He sustains the tribe," Le. with horses, and raiment,
and every kind of gifts.
And ; " The chief overtops all,*' and, " he is the chief of every .
tribe who is constituted by his dignity and customiuy law,'' Le. the
having the three immoveable things.
And; "his good knowledge (*ba ^f') pleasant or delightful
('piae') who has not committed any unnecessary killing nor any
theft at all." Or, the person to whom the chieftainship of the tribe
is due by right is he who has best property to bestow food.
And, where it says ; " The choice of each tribe who removes from
them the amount of their illegality," Le. he is the best man to be
chosen by the tribe, who removes from them the gwat amount of
illegality which came upon them, or who removes the barrier of
oppression from them.
And, it says : " a heavy each property," i.e. he deems his head
heavy who receives the wealth of the stock.
And ; " every stock deserves profit in return."
And, as it says : " It is not the tooth of old age that merits it ; it
is not age that shares the tribe-lands ; it is not the age of nettles
that gives them venom,"
And : " Youth takes precedence of dotage," Le. when the old
man- loses the light o/'recMon.
And : \* Qualification is nobler than age."
And : " The senior does not go before the junior, unless ho is
wealthier."
And : '^ Let him not go, through covetousness of the name, into
the chieftainship," Le. though he should covet it
And : " Quickly is he set aside who was elected by the pressure
of the fear of shouting hosts."
And : ^* it is requested that his claim be not confirmed until he
is sued, pursued, and prosecuted. Let the contract of an indigent
surety be made firm."
' Powerful man. In H. 3, 18, p. 389 a, 'mo^cai'D * is explained * pefl yf vet
•Don pne, the b€«t man of the tribe (or family).*
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378 Sticcefpon,
Soo- Cr meilioii efc ptiefi fapienf qtiam fciiex fcntcof^ •!. if
cicsBioir. i^i^i^ ^f) i;o5 eccnai^ na in fen bop^b a necna^
Ocuf ; Ci-dbe •opoglatb boaipec T)€cnia ima tec, cr6 fine nad
ae Vih apaile, in gfia* bef fpaiche (.1. im coitif), ife ■DOjpfo.
Octjf ; "Ml beifi ech Icm eneclonn cap. ailchib in txwncnn. Sic
flaich gin cofitjf.
Ociif ; ap, If a lo6caib coip,ib mlongacbocp, eochcqfi ; fic flai£.
Octif ; claon ca6 let apt).
Octif : lengad ga6 neUad.
. Octif ; "DO ba pola plait ; pillcep. cfii pelba ; infegap, 7)1 JboD .1-
t)ibaichep ae uaif in pp, 6 aipnecep, pip, 'Diba'o a ptacamnaif fixit**
Ocuf ; fichnaifi ^gac nolc lap^mobi cpitrp.
Octif; culafi cijeap,naif 1 cafvp^ocap, rrp-iopr,
Octif; ap, bep^p, lubail a comDi'oen ; cyii comap^baibcengafi
Ocuf ; 'Dombejxap, mev tnained ,1. cabaip, meif amnnj 30 lio$
fop, gac n'Duine ap a main.
Octjf ; "DO baiT>e mtiip. maca niincop.chap, mefsa^tva fo le[i-
goib lana. -Sic ife* ppi buafal.
Octif ; ni ftii-ie •oiba* Dal Don aon mef .
Ocuf ; nif necnaip,c moja niiticep, Dip.e .1. ni niep amnoi^ann
an bp^ecem enectann a platamnafa x>o neoc a necmaif a cocafa.
Octif; conpoglocap, Dipe icip, mm, ocuf nin, ocuf mainbtigi,
iDip. 5p.aD, octif sixoD, ocuf op.Dan, ocap ap.D (.1. in pi), icip,
maoc, octif meap,, ocap meip,Dpec, ap. nip ninann qiann conp^eceo
paoip^ .1. amail nac inann cam p.etaf Dipe 1 mbeim na cpcmn
icift aip-eta p eta ocup acaca p eoa ; pic plate gin coctif .
I Disease of evtU, (Jnless his father and grandfather were good men his son is
a * fithisi uilc ' (the disease of evil) afterwards, II. 4, 23 (C. 2027>
' ffUl of chieftainship* If his father and his grandfather were chiefs, and that
he is a chief himself, he is **a hill of chieftainship" afterwards
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SUCCESSION. 379
And ; '^ Melior est puer sapiens quam senex stultns/' Le. better Sue-
is the wise youth than the old ignorant of wisdom. cbbsiow.
And; "Whatever number of the divisions of the 'bo-aires'
^ happens to be contending /or hecuhhip though one of them be older
than the others, the grade that is most wealthy, i.e. in point of
wealth, it is it that takes pi^ecedence."
And ; << A horse does not bear his burden over dreaded rocks.
Thus the cliiof without wealth."
And ; " For it is from proper parties the vessel is manned ;" so
the chief.
And ; " Eveiy thing uneven is biassed."
And ; " Every wily person is unsteady."
And; "The qualification of a chief are taken away; three
possessions turned oiT. The * dibadh ' is sought, i.e. the noble
quality of the man is taken away, when it is ascertained that his
chieftainship is truly separated from him."
And; "He is the disease of evils^ after three persons."
And ; " He is a hill a chieftainship^ in the third person."
And; "For it gives prescription o/ acknowledgment ; ' three
heirs have succeeded one another."
And ; " He is estimated according to his wealth," i.e. there is
a perfect estimation made of every one by his wealth.
And ; " The sea overwhelmed the smooth bordered plain of
' Mesgaghra ' under its full watery plains." Thus it is with a noble,
Ae overwJiehns all beneath him»
And ; " A meeting does not estimate the same * dibadh ' for
every one."
And; " It is not in the absence of property * dire '-fine is esti-
mated," i.e. the Brehon does not estimate the honor-price of his
loixlship for a person in the absence of his property.
And; "The 'dire '-fine is distributed according to dignity, ex-
tent, and wealthy according to grade, and gi-ade and order, and ele-
vation (i.e. the king), accoi-ding to foolishness, and lunacy, and
whoredom, for ^' the trees which attain to nobleness are not all the
same," Le. as * dire '-fine does not equally run for the cutting of the
trees as regards the noble trees and the common trees ; so a chief
without property.
> Ptttcripiim of aehiumledgmefU* It forms a period of prescription if the lord-
ship has continued in the same family for three generations or successions.
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380 8ticcefpon.
Sifo- Octif ; jpeabca la plait .1. ma rate .u. -oaofi botaig no .x. jxroix-
botaig T)tfnafiqfia 05 in cf if o§, if a -otil if in floititif fo ceD6itu
Ociif; fojiofc ni acaip. ace beo-cainneall aflaiteof .1. noda
- nacafirhoqfi "oo cecc if in flaiteaf fo ceDoifi, a6c an cf XKifia
raitnemach 6 amotl ceo mbi .1. mac flata, ocuf ua afioile.
Ocuf ; -DO bacap, ae uoif .1. mana flair a achaifi ocuf a fetia-
thaifi, av comcenel a buna, 'oibait a flait ai|ie.
Ocof I inafltiinre|i flait ffiit -oibaiT) .1. ffii faogal rp,iaiti.
Ocuf; flairh crchaiji .1. aiched cineoil na bi flaic arhofi tia
fenauhap,. Ocuf ni|i of.'oa 'oli^e'o do fin ac T)e|i5 cafina ocuf
faiU gin Cf aiUe, a^tif afibujx cfitiai* bi*, ocuf -oi Ida.
Ocuf; f(|v nanpfi .1. in ci if anfi|i im totdof.
Ociif ; ni bi |if fii gin fola .1. vo ceilib ocuf btiaib.
Ocuf ; ni |ii Tniar;b 05 nabiaT) ^eill .1. cev mandaine .1. aT>ama
cana inicing vo qiich .1. ee ceimni^nuf rap, an qiich "oo Dcnam
caiYVoe ; noc •0I151* bom co cine ca6 ofvba ra|i a cumn^eH on
cenn combi ce-oaib, 0 bega co niofva. .xxx. qxai^eT) a zet ; qfii
fi6c bo ma ci§ ; rpi qfiaiget) .xx. a ijicha. 1f6 fefi innfin .1.
fw, "oligef eneclann ocuf T)itie ocuf q[vebaiixi ocuf loj-enec, ocuf
"Difie a Cfion) BP.efa, ocuf a TDUinn.
Ocuf ; ni fiig zvazh 05 na biac qrii fii ruairhi .1. noca fii
cucR;h If fiaici fieif niuna ruga f e ucca rogai'Dacra ceilfine "oo
jCfw |ii cuaichi.
Xfii 111 ruaicbi 05 fii cuat; cuic fii ruaite a^ a$ fii cuiat ;
CU1C 111 cuici-b a^ fii efienn, afi a mbex> cif ocuf -DliseT) fopaib,
ocuf cindofi ml reneacapcaii f o cm fO caob v6 ; b|iec6na ocuf
cuilce.
■*7>ofm^ is explained lordihip or tbcft in C 2S01 ; the chief was entitled to a certain
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SUCCESSION. 381
And ; " Qualification with the chief," i.e. if the person who is Suo-
the most worthy of his famihj has five ' saor *-cottiei*s or ten 'daor'- ^*^f||2*
cottiers of excess {(yoer and above the rest\ he is to enter into the
chieftainship at once.
And; " For none but a living candle seeks the chieftainship/' i.e.
it is sought by none to enter into the chieftainship at first, but the
person for whom it shines like a candle, i.e. the son of a chief, and
the grandson of another.
Ajad ; " They were once noble," i.e. unless hia father and grand-
father were chiefs, though he may be of the same race aa to his
origin, his chieftainship is lost to him.
And ; ^* In which it is stated that a chieftainship is lost/' i.e.
during the ages of three persons.
And ; " A plebeian chief," Le. one of plebeian race, whose father
or grandfather was not a chief. And the law orders him but red
fleshmeat and fat without being salted, and dried corn ba food, and
two days ...
And ; "Fir nanfir," i.e. the person who is not a fit witness as to
property.
And ; " A king without property is.no king," Le. as to tenants
and kine.
And; * ' He is not a king of territories who has not hostages," unless
three kings Iiave given him hostages^ Le. one hundred * manchaine/
Le. his * cain '-party, when going outside the territory, Le. when he
goes out of the territory to make ' cairde '-regulations; he is entitled
to a cow and a salt pig from every townland for making a treaty for
them, until he has one hundred both large and small. Thirty f^t is
the length of his house ; he lias sixty cows in his house ; twenty-three
feet is the length of his kitchen. This is the man, Le. the king who
is entitled to honor-price, and ^ dire '-fine, and surety, and honor-,
price, and to *dire'-fine for his heavy work and for his ' donn.'*
And, "He is not a king of territories who has not three kings
of territories under him/* Le. he is not to be called a king of
territories unless he has given choioe selection of tenancy to three
kings of territories.
Three kings of a territory are under* a king of territories ; five • Ir. With.
kings of territories under* the king of a province ; ^ye kings of a
province under* the ILing of Erin, from whom he has tribute, and
law, and furniture, besides Le. plaids and quilts.
fine for any iejnry done to any rich article of furnitnre belonging to him, or for
steahng of hb property.
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382 Sticcerpon.
coBsiosr
fit fjo ab'oaine ; ^n 50 fiaib ai^i ache ap,m no 6T)a6 if enectann
fii no oifiec fOjisiU t>6. Octif tx)f , aifie afiT) aivoneTni-o cona
mat cefatjis .1. tm gni a log baif afii gonac tei^ann oninn^xaic
•00 edqpuxnnaib.
Octif; nfolegaiiinacalaflaich.
Octif ; -olisi* f oiU dean ; ocuf , cofiub plaich oirhij ^aifieaf
x^li^eT) Txm x\et leifi bail fiijate T)a£bail a Dual^tif qvufo eile
ach a 'Dtial^tif ceile ; octif o na ceilib acafaiU -oon f latch ; ocuf ,
oeilib cop,maiJeaf do sfwroaib flora ; ocuf f eoic -oo -^at flaic ;
octif fof nac n-oligann na fiiti fo nf a lof a cocaf .1. a qitnt.
' CCuoic fedc flata la feme na T>lesaic cedtxx paqfi giaUna na
aiciUne 7 fil.
Ocof ; fcti|vtafi faop, felba .1. cufitap, na fop|i 50 coctif if in
fefvonn no if in flotamnaf .
Ocuf ; fiiifiTnii;eYi T:[i5e]\naf ]t>o ce^ coyi, fic mac floca.
Ocuf ; afi If anbal 506 aon ap, mine rap.|\a£cain .1. aft if
anpal t>o gac aon ca|vtiaigce|v ma miniT> 50 inn-olt^ec; fic
flaiu gin coctif.
Oc«f ; mame mame fifia fagbaicejx .1. -do ceilib ia|i ftp,.
Ocuf ; manab a f eoca f aopa f epnaigcep .1. uaiaa -do ceilib.
Octif ; TTlac m abaiT) if m ctU 5p.inn,
In! ctinne fop ciaU,
TTlac in q[iebti if in maic,
TTlac in \i\ "oo fnaiT>m na ngiaU.
CC mo naipe ntiallgnai'O .t). b. -oiamba bpetom, iii bepa t)i|\e
W) neoch fo na bi btmaf)tif bii&. bi col mop, ma concep^ca
aipiUcen fiac fop, focha x)ia fuipifcap. la feme.
pdf fine fip noD nfof a ; 01pm na bta fochla fpeim pt cam
cm mecna mef ma T)Of T)ecmaic .1. if "oecmaic mef vo beit afi
W)f mana f ml fpem at^i.
Cefc— CaiT)e an conftxtich ? .Win.— CCnfptiu afcaip octif fenctch-
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SUCCESSION. 333
I wonder at this, and that it, this is said : '' The * aire-fox^gill '- Suo-
chief deserves a chieftainship or an abbacy ; even though he had ommon.
but his arms or his raiment he shall have the honor-price of a king
or of an * aire-forgill '-chief. And, also, the * aire-ard '-chief saves
the high * nemhidh '-person with his territory, Le. the price of his
death shelters his king, and prevents them from being plundered
by extems.
And : <' It is not lawful for a chief to have swina"
And: "He is entitled to fat;" and, '* the kw styles that .
person a plebeian-chief who wishes to obtain a chieftainship in right
of any other property except in right of tenants ; and, by the tenants
is fleshmeat supplied to the chie ; " and " it is tenants that
advance the grades of chiefs ;" and " * seds' to every chief;" and
" that these kings are not entitled to anything in right of their
property, ie. their cattle."
" There are seven chiefs with the ^ Feini ' who are not entitled
to ^ saor-giallna '-service or * daor-giallna '-service," &c.
And ; " scarthur faop, felba," i.e. the inferior men with property
are put into the land, or the chieftainship.
And; " lordship is compared to first contract;" thus, the son of
a chief, &c.
And : " For it is shameful to anyone to be caught in unjust
possession," Le. for it is shameful to anyone to bo caught in
unlawful possession ; thus, a chief without property.
And : " unless true property is obtained," by the tenants truly.
And: '^unless they are noble 'seds' that are distributed, La
by him to the tenants."
And : " The son of the abbot in the pleasant church
** A fact established by sense,
" The son of the husbandman in the territory,
'' The son of the king to bind the hostages."
O my Nairi of the beautiful aspect {v. b.) if thou be a judge,
thou shouldest not give * dire '-fine to one under whom there is
no foundation of food tribtOe. It would be a great violation if .
fines were adjudged upon a title not found according to the FeinL
The tribe of a man is waste where is no growth ; where there is
no place for the root^ where the fair tree wants a root, it is difficult
to have fruit on its branches, Le. it is difficult to have fruit on its
branches unless it has a rootb -^
Question— What is the ' ansruth '-poet t Answer. His father
and his grandfather were 'ansruth '-poets,' for every grade whatever,
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884 -Sticceffton.
Suo- oifi ofi fiach ^cn6 t)0 catfin in|i ipimzh ocof pile -oia fgccfia t^iia
*^^- peib ptxi rao^al rixiix ; co rioib T>iablaD ireibe tio ptxichnonia laif,
m CI a coqvom'D ptii each ^if i cafifiai^ceii ipfii fao^at rjiip..
'Ctilat cigeaiinaif a r[i§eo|inaf] q[i!a|v, ocof uii'oli5i'6 fit ia|\
qfw ploca p[latteaninuf ].
CCnfjitich cftoch .1. cmfp,tit ochaiii octif a fecmochoifi, ocaf*
cmnvurh peifin. CCn a aifice'oal octif a ^idna^n, ociif fincap
t)i|ve cctich af a "Don becc mop. nexamail bef 0151, a** tnopr aT>
be5 .1. 'DO bp^emnaixofi eTiecUmn vo each.
Oetif ; amail p)lai5 mef atfiiUeT) a\iv .1. amail imptnlnser
oifiiUeT) If ^01 t«e|«Tnnai§cefi eTiecloDn t)oo.
TTVanab eiftnnfiaic cm'polcad, efpa6 caoitrhe ofio |xiige6 b|ie-
tevn vo mef coiji gaia vula ve^f .t. if vo fio foige* in bfiedem
vo tnefetnntigaT) in t)! jie if eoi|i in ga6 'Dtiil.
Octif; aTnofiainT),aniaoinig, afno6ixn]g,* eomofvcaix tiaiCT)i|\o
cecca 5a6 nenitef a naifi.
"Ofiengaic ma earaib .1. 'D|ieimnita|x enedann 'ooibfo uaifli a
co^f oetif a ngfiait.
Ociif ; each nemi ma fotcaib cop,a .1. itn ix)dtif ocof tin mnfva-
Ctlf.
Octif ; a mofiaim) a maomig, a mo6cais, mefofi sat aon ia|v
Donfiillcm, ftntimitrep, each lafi na miaDh, tnia:6 ea6 iccp, naccficro.
Oetif ; fofep-nofi fifi focal .1. if mait fefinaicefi m f titm fo-
cal fO.
CCmfitaivgafc necnaichi .1. camfitap, 6 o biaf ea^ 5a eccnafi,
im aoif octif im mnjiacuf.
[ Octif ; ecnaiti ga^ namrhefi .1. if ecnaitt if m flaitemnuf 6 6
I bof amriiec 6 gin cocuf .
Ocuf ; ni lena6 faii5lenna foite .1. no6a lena6 a fnoite-o vo
na hib lennaib, o bencatx Dib tat) ; fic c6 do bi, mtma fuil anofa
no^a fefiT>e |iiani.
Octif ; ni f aol fei-otn foi|ine fainnel f af .1. noca niumfuilgenn
fi nefic a foipiie tiififie o biaf faf .1. rnita famlait) m ci bif gm
cocuf , ni f uilgenn in x:uat.
\AfUT Mree A"tf^<.— The tazt of this paragraph U very defective.
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SUCCESSION. 385
wlietlicr chief or poet, if he parts with his qualification during the ^8u<>
ages of three ]^)Grsoiis, his lot is not equal to those who are found in
possession of their qualification during the ages of three pei-sona
until tbey double their qualification or their service.
Hill of lordship is established after three have followed in suc-
cession, and the privilege of succeeding a king after thi-ee kings. ^
An ' Ansruth '-poet now, i.e. his father and his grandfather were
' ansruth '-poets, and he is an ' ansruth '-poet liimself. Noble his
honor-price and his superintendence, and he gets * dire '-fine out of
every poem, small, lai^e^ or various which he has, whether large
or small/i.e. honor-price has been adjudged to each of his poems.
And : '' As ho sustains the estimation of high wages," Le. as he
sustains the merit it is accordingly honor-price is estimated for him.
" Unless he is an unqualified wanton, unworthy of a territory,
he may seek the Brehon to estimate the ' dire '-fine which is pro-
per for each animal," i.e. it is he that seeks the Brehon to estimate
the ' dire '-fine that is due for each animal
And ; " O Morann, O wealthy dignitary, let the lawful * dire '-fine
of each noble dignity be adjusted by thee,"
" They advance into their dignities," i.e. honor-price is graduated
for them according to the nobleness of their property and their grade.
And ; " Every * neimhedh '-person should be possessed of his pro-
per qualifications," i.e. as to property and worthiness.
And ; O moi*ann, O wealthy dignitary, every one is estimated
according to his desert, every one is placed at the court or banquet
according to his dignity, every one's dignity is according to his giude.
And ; *' A constant word {by-word) is circulated," Le. it is well
this constant word is spread about.
And ; '^ Every person complained of is reproached," i.e. he is re-
proached when all are complaining of him as to age and worthi-
ness.
And ; " Every blemished person is complained of," Le. he is com-
plained oi for being in the chieftainship, when he is blemished, and
without propeiiy.
And ; "a hem does not follow mantles," Le. their threads do
not follow the mantles when they are cut off them ; so, thougli a
man has had meatiSy if he has them not now, he is no better thereof.
And, " A waste cannot support its wandeiing tribe," Le. it can-
not support the weight of its colony, when it is waste, Le. so also
is the pci^son who is without property. He is not the better of
having had it before.
VOL. IT. ' 2 C
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886 -Succefpon.
fiuo- Ocof ; pfiti tia puisliT) 50 ^rvo .1 51T1 enectann xxm d bif afi
^^^^^' |X(on do 51T1 coctit*-
Octif ; cropenafi mate xna\t mainib, a-openofi olc antnatnib .t.
otcaijxcueti olc -00 na holcatb, "ootia liiiiHT)ti$ecib tia vem tnaiu "00
namainib.
Ocaf ; If a fendaf mofi conomef oi\x na fiucta matt t)o olc,
ocuf olc DO mait .1. eneclariTi beg ocuf eneclann moji. Ocuf ; ii"
ann do hoip^let fii ocuf aichec, fiigan octif aTnixi^an, faop, ocuf
Daoft, foiccech, ocuf "Doiccec, f ona ocuf •oona ; f on[a] .1. fo ana
aigi, mi roctif ocuf mi damn. Ocuf ; -oo ^abtifi an faop, f oiccei
|X)bai'D f on, ocuf vo ^abajx an T)ao|\. Ocuf ; if ann fio haifile'6
•Difie caich f 0 mio*.
Ocuf; feim amrni ojnairi mana ciafx: ceiyiT). fit ailenach
feifc tiji^aamn la feme .1. noca nT)li§ann in ci bff fcfc gan
co6«f 3an innjiacuf, uafal fiomn fmadra na I05 otfitjfa t)©
fveip, m fene6aif . Ocuf ; a|v r\at aon 05 na bi a rocuf a mait
ni aile otfitif na lafi'oaT) la feme.
Cofi .1. icifi T)tf . CtinnfiaT) .1. ni |i6if a T)ia5aii; ci:inn ocuf
fiatoDa ocuf iff a nDeitbi^x.
W d finnfeafi fiia nof afi mana f ufioctiaituefi, octif a|iailc.
Smnfeafi octif ofap, ocuf enedann -do mef vo each.
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SUCCESSION. 387
And ; " Lot no wandering men pass judgment," Le. there shall Suo-
be no honor-price for the person who is wandering abont without
property.
And ; " It renders good for propeHy well disposed of, it renders
evil for ill-disposed of property," i.e. evil is rendered unto the
wicked, i,e, to the unlawful person^ who do not do good with their
property.
AjQd, " It is in the ' Senchus Mor ' it was enacted that good
should not be given to bad, nor bad to good," Le. small honor-price
and large honor-price. And, " It is in it, it was enacted that theire
should be king and peasant, queen and non-queen, noble and
ignoble, wealthy and not wealthy, prosperous and not prosperous.*'
Prosperous, i.e. good (' so ') property (* ana ') ie. he has goodly
property, Le. in property and children. . And; " there is found the
noble wealthy, rich and prosperous ; and there is found the ignoble,
there is found an daer, (S;c." And, *' It is in it, it was ordained
that the 'c^ire'-fine of each person should be according to his
dignity." .
And, '* Seim ainim og naithi, mana ciast ccvrd'^: " No unproduc-
tive person merits a share with the Feini," i.c. the person who is
barren, without property, without worthiness, does not merit a
noble share of ' smacht '-fine nor sick maintenance, acooriling to the
* Fenechus '-law. And " Because any one who has not his property
in the territory does not merit sick maintenance of full peace with
the Feini." •
A contract, Le. between two persons. A covenant, a thing
confirmed by sane adults and guarantees, and this is dififerenco* be-
tween them.
The senior goes not before the junior, unless' he {the senior) is
proclaimed, or othei-wise disqualified.
Senior and junior, and honor-price are to be estimated for all.
1 The difference. That is, this is the difference between the two tenns: A *oor*
is a bargain made between two penons without bond or secnrity; a *cannradh'
is a guaranteed contract.
vol.. IV, . . 2c2 .
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INDEX.
' AbAD *.QAIN8 : 63.
Abbot : covenant of a, with monk not binding, 55.
Abductiox: incurs *diro* fine, 271.
Abscoxdeb : ^ eric '-fine for an, by whom paid, 241, 259, 261.
Accidents: protection of cattle against, 101
* achlaibh '-coves ast, 57.
•Acus': 129.
« Abaltrac '-women : 43, 45.
Adoption:
Contract of, when not binding, 61.
regulations regarding, 289.
Adze: in a chiefs house, 311. -
Aftergrass: trespass into, 91.
Age : proverbs as to, 373, 377.
•AiRCENN '-lands: 127.
* AiRCHiNNEcu': steward of the church lands, 63, 69.
' Aire ' : a common name for a gentleman of any rank in society, 299.
^Aire-ard '-chief: description of, 299, 321, 323, 325, 345, 347, 383.
< AlRE-COISRIXO '-CHIEF : 299.
why so called, 317.
full description of^ 319.
* AlRB-DESA '-CHIEF :
the inviolable precinct of a, 227.
description of, 299, 321, 345, 349.
* AiRE-BCHTA '-CHIEF :
one of the social grades, 299.
description of, 321, 323.
'AiRE-Fi2ns '-chief: 345.
description of, 349.
*AiRE.FORGAiLL '-chief: description of, 299, 321, 327, 345, 347, 383.
' AlRB-TOISE '-chief I
one of the social grades, 299.
description of, 321, 325, 345, 347.
*AiRSM':32.
' Airgsin'-tresp.iss: 99«
* AiRLiM '-trespass :
fines for, 81, 85, 91, 93, 103, 105, 109, 115, 139.
not liable to fine in certain cases, 93, 95, 105.
by sheep, 109.
by pigs, 109. •
by bees, 115.
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390 INDEX.
/ AiRLis'-ExcLosTJBE: i>., a yard, 813.
*AiBM'; 129.
* Aitbech'-pebsok or texast :
• the plebeian, 299.
not entitled to malt, 317. . .
full description of, 3 1 7.
* ArruGiN * : t.e., compensation for trespass, 109.
* AlTREBADn '-TRESPASS, 99.
* Albasach* : a native of Alba; an ancient name for the south of Scot-
land, 285.
Axdeb: a common tree, 147.
Ale : cask of, in a chief's house constantly, 811.
Ale-house: part of a king's establishment, 341.
* Allabrig-naie': t,c., a sufficiency for the chief at a feast, 165, 167,
175, 177.
' Ax *-TBESFAS8 : 99.
•Aka': 387. • .
■ ' Akabra '-goods : definition of, 37.
' Air DAER • : 387.
' AjfDois '-CHOBCH : 339.
* Anfx^uth '-chiet : 317.
* Annlann' : anything taken with bread, viz., butter, sauce, bacon, 118.
' Ansruth *-pebson : 345.
description of, 349.
* Ansruth '-poet : 357, 359.
description of, 383, 385.
AsTTiQUABT : stake-fcnccs settled by oath of, 143.
Apple:
a chieftain-trcc, 147.
what gives it dignity, 151.
Abable Land : .
three divisions of, 277.
description and characteristic of good, 277.
price of, 279.
* AbADH '-TRESPASS i 99.
Abditratobs : in unlawful grazing cases, 49, 95.
Abbutus: a shrub -tree, 147.
Abmt: case of a man wounded in the van of an, 179.
* Abba '-goods : definition of, 37.
Abson : fine for, 235.
Abiisans:
certain days assigned to, for grinding', 217, 219.
maintenance of, 333.
Ash:
a chieftain-trcc, 147.
what gives it dignity, 151.
in arable lands, 277.
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INDEX. 391
Aspen : a slirab-tree, 147.
Attack : liability to service of defence and, 145.
* AuRRAcn ' TAXES : 337.
Autumn : smacht fines payable in, 79, 89.
AXE-L.V.ND: in whicb everything grows freely, 277.
Axle-trees : made of holly-wood, 151.
B.u>GERs: ^smacht '-fines for, 121.
* Baitsb '-tenant : 345. i
- description of, 353. .
Baking Implements : used by woman in taking possession of land, 9.
Baking : woman's, equal to half man's, 306.
Bar : requisite for making a stone wall, 73.
•BastLoc': ' .
i.e., a deadly place of murrain, 7.
distress not taken in, 7.
Bathing-basin: in a chiefs house, 311.
Battle : defeat in, proof of king's falsehood, 53. «
Beard : the encircling of a, necessary before an oath takes e£Fect, 303,
Bed:
pledge of co-tenancy to be placed at feet of the, 75.
•eric '-fine of criminals upon his, 241.
of what is lawful and unlawful as regards a, 315.
Bees:
'smacht '-fines for, 115.
division of the honey of, 1 15.
swallowing of, by hens, 117.
additional pledges for, 163, 177.
their trespass, crime, and produce, 163. . ^
produce of, how divided, 163.
entitled to three years* exemption from fine, 165.
swarms of, tribe-property, 165.
the * cain-cuisc,* 165, 167, 175.
the *allabrignaie,' 165, 167, 175.
* the longing of disease,' 165, 167, 175.
distribution of swarms of, 167, 173.
*" merraighe '-swarm of, 173.
the necessity of watching, 175.
injury by, 177, 179.
a particular bee- judgment, 179.
in the tree of a noble dignitary, 181, 183, 185, 187.
produce of, how divide^ 181, 185, 195, 197.
rights of ori&rinal owner of, 183.
that have m^igrated, not protected by ^nemedh,' 185.
watching and dividing swarms of, 191, 193.
in a lawful green, ] 95.
kept in a herb -garden, 199."
penalty for stealing, 199, 201, 203.
Bee-judgments: 163-203. See also Bees,
*Be8cna': 33.
45.
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392 IKDEX.
BiLu-HOOK : requisite for making a 'felmadk* fence, 73.
BiscH : a common tree, 147.
Birds :
^ smacht ^fines for pet, 115.
trespass by, 117.
Bishop :
agifltoa, 211. ^ , .
a meeting of, at Sliabh Fuaid, 227.
the precinct of a, 229.
retinue of a, 339.
penalty for wounding, 363.
' BlTHDINCHE * : 117. "
*BrrHTDisi*: 373.
Blackthobn :
used in making fences, 1 13.
a sbrub tree, 147.
absence of, sign of good arable land» 277.
. Blight : of fruit, proof of king*8 falsehood, 63.
Blist£B-fixk : 345, 347.
Blotches :
the effect of biased judgment, 10, 15, 17
how cured, 17.
Blush-fike: 345.
*Boaibk*-cbief: 45.
settlement of stake fences left to, 143.
estimation of his inviolable precinct, 227.
one of the social grades, 289, 299, 309.
description of his property, etc., 311, 313.
general description of, 351.
the wealtliiest takes precedence, 379.
•Boaikech':
list of property of, 31 1.
divisions of, 321.
* BOAIRE-r EBHSA '-MAN :
a division of the * boaires,' 299.
why so called, his position, etc., etc., 809.
<Boaibb»gen8a*: 311.
Bodies : a cutting before dead, 155.
BoDY-rnfE :
for killing, 247, 253.
division of, 259.
Boo-mtrtub: a bramble- tree, 149.
BoKDMAN : covenant of u, with his chief not binding, 55, 209,
Boundary-marks :
twelve, viz., flat-mark,
stone-mark,
tree- mark,
deer-mark,
stock -mark.
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INDEX. 393
BouyDABT-MARK8-*«on/mt<eiiL
mound-mark,
division-mark,
water-mark,
eye-mark.
deBet-mark.
way-mark, 143, 145.
BaAMnLK-TREES :
list of, 149.
•dire* -fine for, 149*
Breaches:
definition of, 127. •
5omc, not sued for, 155.
all, tobeck>sed, 155.
Brbhoksuip : the exercise of, 283. ^
Briar:
a bramble-tree, 149.
absence of, sign of good arable land, 277.
Bridge :
an old, under water, a boundary mark, 143.
*cain' law of, 211.
ditch at a, 221.
Brooch: part of the insignia of a chief, 323.
Broom: a bramble-tree, 149.
. Brother:
bears crimes, how long, 243.
divides chattels, 259.
'Broohaidh*: 331.
^Brughaidh '-farmer: 195.
* Brughaidh *-M£N : 317.
Bruighr£Chta-Laws : 49.
.Bull:
common pasturage of, 101.
trespass in driving a cow to, not sued for,* 157.
*BDNCH0R'-BA2n>: t.«., bands of ozier interwoven between duces, 112,
1/13.
BuBBOCK : absence of, sign of good arable land, 277.
BURTVING :
ease of, by inadvertence, 251.
intentionn], 253.
Butter :
certain grades no entitled to, SOU
part of sick-attendance, 307.
*CainCui8c*: i.e., the rule of *the drink from the hive', 165, 167,
175,177.
•Cain '-law:
fine according to, 25.
of water, 211.
Brchon must know the, 285, 323.
*Cats'-p.vrtt: of a king, 381.
• Digitized by
Google
894
INDEX.
'Caibde*-law: 3, 323.
*« running*' of, 235.
'Caibde'-bequlations: ofa king, 381.
Cakes : as fines for hens trespassing, 117..
Calp:
the rent for land taken till the end of the year, 91.
common pasturage of, 101.
when, gores calf, 103.
trespass of, 105, 109, 111.
.*Caka'-pobt: 357.
Camdelabsa : in a chief's house, 31 1. ^
Cathedral : 2,000 paces the precinct of a noble, 229.
. Cattle:
trespa^ of, in co-tenancy, 75, 83, 85, 87, 105, 125, 139. 147.
herding of, 85, 97.
protection of, from accidents, 101.
common -pasturage of, 101, 103.
wounding of, by fierce cattle, 103.
feeding of, in pound, 107-
mangbng of, by dogs, 123, 179.
subject to farm -law, 125.
crossing a river or road, 127.
threefold trespass of, U7.
trespass of, how estimated, 147.
stealing, 271.
Cauldbon :
test of, tendered by certain classes, 285, 295.
found in a chiers house, 311.
Chabooal : a sack of, always in a chiefs house, 311.
Chabiots: axletrees of, made of holly, 151.
Chattels:
•eric '-fine falls first on the criminars, 241.
division of, among father, son, brother, and family, 259.
theft of live and dead, 271.
Chiefs :
covenant of , with bondman not binding, 65.
may rescind contracts and annual covenants, 55,
covenant of a servitor of, defective, 55.
honorprice of, how lessened, 57.
covenant made without knowledge of, 61.
bees swarming into the tree of, 181.
gifl of, to the tenant, 21 1.
a meeting of, at Sliabh Fuaitlb, 227.
* eric '-fine for absconding criminal falls "on, 241.
how far chargeable for crimes, 245.
Cuieftaixsuip : succession of, 373-387,
CuiErTAIN-TREES I
cutting, a man- trespass, 147.
list of, 147.
•dire'-fine for cutting, 147, 149.
Digitized by
Google
. INDEX. 395
Curist:
men of the gospel of, 211.
prophecy regarding, 219.
Chubch :
without a green, no distress on, 7.
may rescind contracts and annul covenants, 55.
covenant with a subject of a, defective, 55.
violation of * ncmedh '-person's, by cattle, 87.
notice to be given at the, when horses found trespassing, 107
to have a share of a find of bees, 195.
not to be defrauded of what it merits, 197.
conducting water over 'nemedh' land of a, 215.
grades, their inviolable precincts, 227. * -
protects sinners, 235.
power of, to allow culprits to escape, 237.
* CiLL '-CHURCH : the ditch of a, 221, 373.
•Cletth*: 349.
Clitf : running-ovcr a, 139.
«Cu'-poet: 357,359.
'Coahb':
i,e. heirs or keepers of the land, 103, 129.
bound by the laws of their ancestors, 213.
of Patrick, his inviolable precinct, 227.
proverb as to, 267.
'CoiBHUB '-property: 31, 39,
« Coir-Feinb-Bec *! the law called, 103. . -
* Coir Feine '-law : a law of adjustment by which the agricultural classes
settled their cases of damage and trespass of cattle, 241.
CoiRPRi Lifeghair: 267.
* CoLPACH ' HEIFER : 83 et passim.
Combat: without verbal engagements, illegal, 33.
•CoMHARBA': female, 289. ;
•COMMAITH*: 69.
CoMMox pasturage:
the nature of, 101.
how arranged, 101, 103. . ,
CoMMOir-TREES :
list of, 147. - * .
< dire '-fines for, 147,
COMPEHSATIOV :
for damaged grass, 49, 83 «
when lost through neglect, 51.
for injur)' done by fences and stakes, 73, 75.
for trespass on gprass and com. 87.
for pigs trespassing, 109, 111.
for bees trespassing, 115.
'for dog- trespass, 123.
for cutting trees, 149, 151.
for cutting land, 153.
Digitized by LjOOQIC
396 INDEX.
CouFEvsATios—.continued, .
meaning of, 229.
in case of violated protection, 233.
"running" of, 235.
for necessary killing, 245.
for burnincr, 253.
how divided among a family, 259.
for milk, when cattle are stolen, 271. .
double, for theft of chattels, 271.
COICTRACTS :
good and bad, subject to be rescinded by chief, tribe, and church, 55
of adoption, when not binding, %\.
nine, dissolved by the Feini, 207, 209. *
must have surety of the tribe, 207.
seven noble, not easy to dissolve, 211.
distress on kinsman's cattle, in cases of, 265.
unfair, set aside, viz. — * force,' * claim,' &c., •forfeit' contracts, 269.
Terbal, in adoption, by whom given, 285.
CopPEB : a mine of, how valued, 279.
• CoR ' : i*.c. a bargain made without bond or security, 387
CoB5 : scarcity of, proof of king's falsehood, 53.
CoBKLAKB : trespass in, 79, 83. • ' ^^
CoRNSTAGxs : trcspass by hens in, 1 1 7.
* CORUS *-AaBANQEMENTB, 327. . *
•CoRUs'-LAw, 335, 337.
CoSHERnra : i.e. feasting, 325, 327.
' CosLAiTHE '-CATTLE : common pasturage of, 103.
CO-TENAXCY :
why so called, 69, 75.
whence does it arise, 69.
what comes foremost in, 71.
how made, 71.
trespass of cattle in, 75.
duties of, 75.
pledges of, 75.
trespass in, 79-159, see trespass.
fines in a, 139.
right of water in the, 213.
Co-tenant:
means also co-tillcr, or co-grazier, or co-occupant, 75.
entitled to right of way, 157.
bound to permit other co-tenants to draw water, 213.
Covenants:
the right of, 33.
siiin^ upon, 35.
parties appointed to dissolve, 35.
four, not binding, bb,
three defective, bb.
three difiicult, bb.
temal, bb.
three, not amounting to the thing stipulated, 57.
«achlaidh,'57, 59.
Digitized by
Google
INDEX. 397
CovENAnw — contvuted.
three bad, not binding, 61.
definition of, 387.
* Cow-cbazieh': description of, 353.
Cows :
to be offered in takin*? possession of land, 21, 25.
dr}Tiess of, proof of king's falsehood, 53.
a herdsman necessary for, 87.
should be in cow -fastness by night, 97.
common-pastunifie of, 101.
trespass of, in coiuinon -pasturage, 105.
keeping of, in pound, 107.
may trespass in three places, 1 25.
hair of, boundary mark, 143.
trespass in driving of, to a bull not sued for, 157.
stealing, 271.
the price of arable land, 279.
Cream : pure new milk, part of sick -maintenance, 303.
Critii GAnoLAcn : li 99-336.
Crimes: see also 'Eric '-fink:
seven divisions of, 241. .
•ei-ic'-fine for, fall upon the family in certain cases, 241, 243.
of necessity, how paid for, 245, 247, 249, 265.
all except killing go upon the criminals, provided they have means
of paying, 245.
unnecessary, Wountable for first by criminal, 247, 269.
definition of necessary and unnecessary, 249.
every one dies for his wilful, 251.
the land is forfeited for, 265.
Crimixal :
* eric '-fine of, how levied, 241.
familp' of, when liable, 243.
liability of, shifts to chief, king, and law, 243.
every crime to the, 259.
leaving territory with 'seds,' 261.
land or, forfeited for crimes, 265.
^ Cruan * : a bridle of, 31 1.
* Cruid'-laxd : 15, 45, 47.
Crumb-fox: 345.
description of, 335.
•Cuma': 69.
'Cumaigmais': 69.
'Cumual': 25, 27, 91, 233, 235, 245, 251, 253, 259, 279, 289. 205, et
passim, ' I » » f «»
*Cu3IHAL-SEnORBA': 39. ^ '
' CuMBADH • : t e., a guaranteed contract, 387.
Cuttixos:
I.C., breaches or gaps, 154.
certain, not sued for, 155.
*Dae '-person : 345.
description of, 349.-
Digitized by
Google
398 INDEX.
^Dasb-bothu8*-8bip: 339.
^ Daeb-fuidbeh '-ship : 339.
'DABB-FUII>HEB*-T£ffAirT: 285, 339.
*Daeb*-mav: 43.
'•Daeb '-stock: 197.
•Dabb'-tenast: 197, 236, 237.
* Daibt '-heiteb : 9\^et passim.
Dam : * cam ' law of the, 21 1
Damages :
how neutralized, 17.
' of possesions, 141.
* Damh-coxghaibh ' Ox : 1 OU
*Daob •-cottiers: 881.
Daobgiallna-skbyicc : 383.
Daob '-person: 253.
•Daob'-tesanct: 267.
Darkness : a contract made in the, not binding, 209. .
Daughter:
land appropriated to a, by father, 45.
obligation of, to rest on laud to the tribe, 49.
Deabth : proof of kinjj's falsehood, 53. '
Death : shelter afforded by the church against, 237. .
Debt :
■ eric-fine for, 37.
promises to pay, when forgiven, S9.
shelter against unlawful claims for, 237*
Debr: * smacht '-fines for pet, 115, 121.
Deer-mark : description of, 143.
Defect- mark: definition of a, 145.
Defexge : liability to service of attack and, 145.
* Deirbufine * :
a family division, 283.
receive no share of tribe-land, 285. , \
means red or fratricidal family, 287, 293.
commentary upon the, 293. 1
*Deirbhfike '-division: i
ie., a family division, 51, 167, 173, 243, 245, 283, 285, 289.
exact description of, 290.
' DeIRBHFINE '-RELATIONS : 241.
*Dbis*-chiep: 321.
* Deis '-right: 321.
* Deol^udh '-right : 163.
Deserter :
!.«., a landless man, a fugitive or evader of his duties, 128.
treatment of, by the co-tenancy, 129, 131, 133. '
further definition of, and liabilities of a, 135, 137.
Digitized by LjOOQ IC
INDEX. 899
'DlBADH'-LAlfD: 93, 141.
division of, 285, 291.
* DiBADH '-PBOPBBTT : 247, 259.
division of, among fanuly, 285, 291, 293*
*Dideaibb': 53.
Difficulty : meaning of the term, in coses of protection, 229.
' DlGUlN *-TB£SPA88 : 345.
'Dibb'-fine:
paid for cattle trespassing, 91, 103.
for dog- trespass, 121. .
stake-trespass, 145.
for cutting chieftain-trees, 147.
for cutting timber, 149, 169.
for stealing bees, 199.
for killing, to whom paid, 259.
for theft, 271.
double-great-, when paid, 273.
must be know by the Brehon, 265.
of an * ogaire,' 307.
of a tenant resident, 307.
ofa*boaire,'309.
for breaking into a hoose, 311, 315.
for a bed, 315. . ^
for grinding without leave, 315.
for a barn and pigstye, 315.
for using a hatchet, 315.
for wounding bishops, 363, 365.
for wounding priests and lay recluses, 367.
how distributed, 379.
DisEASB : the longing of, 165, 167.
DiSTBESS: ^ . ^ ^
when not leviable on the Feini, 7.
penalties in cases of unlawful, 9.
illegal, when prosecuted by the Feini, 33. '
five * seds' the fine for unlawful, 33.
maxim of 'Finnsruth Fithil ' law in forcible, 91.
upon a diserter, 129, 135.
upon a kinsman-surety for * eric '-fine, 259.
pledge of, illegal, 271.
Ditches:
seven legal, 221.
injuries to, 221.
DiTisi05S OP Land : 277-295. See Lands.
DivisiON-MABK : definition of, 145.
DocTOB : when provided and paid, 301, 303.
Doo:
' airlim ' trespass before a, 93, 105.
protection ot cattle from, 101.
• smacht '-fines for, 1 15, 121.
trespass In-, on the land of co-tenancy, 121, 123.
feeding o^ involves liability, 121.
wild, 141.
tearing cattle, 179.
Digitized by
Google
400 INDEX.
•Dork': 381.
*d0bmuik£ '-woman': 307.
•Dos '-POET, 357, 359.
* Djuaumgub '-MILK : 303.
Drippikgwuoabd : position of, in tho 'ogaire*s * house, 305.
DRUVKEK^*E8S : a contract of, not binding, 209.
* DUIBHFIXE ' •
a famiJy division, 283.
that which tenders the test of ordeal, 285.
means * black family,' 287.
commentary upon the, 295.
* DuiKiME •-PE2rcE : formation of, 1 13.
•Den '-port:
without land, no distress on, 7.
trespass on a king's, 87.
notice to be given at, when horses caught trespassing, 107.
cuttings made at construction of, 155.
conducting water over the land of a, 215.
ditch of a, 221.
dimensions of a king's, 337.
* DUTHRACHT '-PERSON : 285.
* EaCULACU '-PERSON, 57.
' Ear' : the clear knowledge, 291.
*EcEs '-poet: 357, 359.
* Ecsmacbt-ces ' : 359.
Eldbr-treb: A shrub-tree, 147. ,
Elm : a common tree, 147.
Engaoement: a forced, unlawful, 271.
Ebtrt :
with horses, 3, 5, 19.
what is good, 5.
men required for, 7.
how a woman'takes possession by, 9, 1 1.
the customs of, 19, 21.
upon fenced lands, 21, 25.
illegal, when pro^cuted by the Foini, 33.
•ERic'-riNE: 33, 37.
when incurred by one, paid by all, 1 79.
for a church, 229.
for an absconding criminal, 24 K
for necessaxy crimes, how raised, 245.
for life- wound, 249, 253, 255,
leniency in levying, 251.
for the fostor-child of a family, 255, 257.
land must be given as, 267.
Eric-sod: 87.
* Errech' TAXES : 337.
» EsAiN': 301, 307, 345, 347, 349, 351.
•Escra': a cup, 164, 165, 167.
Digitized by VjOOQ IC
INDEX. 401
•EsERT': 128.
Evidence :
of an*o^ire,*307.
ofa*boairc,'309.
Ewes : use of, in a woman's entry on Innd, 0, 11, 13.
Exemption : whore a case of, arises, 229.
Exilb: (i>.,non-native)ab3con(llngas acrimiualisput upon the road, 243.
Eve : blinded by sting of a bee, 179.
£t£-mabk :
a boundary, 143.
definition of, 145.
Fair : roads must be kept dean during a, 145.
Fair-green : * - •
water free in the precinct of a, 215.
ditch of a, 221.
False Cqaracter : forfeiture of honour by, 319.
False Coxtract : gain by a, a falsehood avenged by God, 53*
Fai^b Evidence : forfeiture ol honour by, 319. .
False Judgment : given for hire, a falsehood avenged by God, 53.
Fame Witness : decision by, a falsehood avenged by Grod, 53, ^
Falsehoods :
of a king, 53.
three, avenged by God on a territory, 53.
Family :
a deserter's, duties of, 131, 133, 135.
liable to pay after evasion of criminal, 243.
liable for necessary crimes, 245.
wounding the foster-son of a, 245.
always liable fur killing, 247. '
have choice of giving up the criminal or the land, 247.
list of divisions of, 283, 285. '
at what point, relations cease, 285.
Family-Divisions :
list of, 283, 290.
definitions of, 285, 293, 295.
•FAorn-POR-us': 229.
Farm -laws :
trespass in the, 89.
described, 125.
Father:
covenant of, with son not binding, 55,
when nuptial present due to, 61.
when responsible for son's 'eric '-fine, 241.
Fawns: trespass of wild, 121.
Fb-vr:
trespass in consequence of, 93.
a contract of, not binding, 209, 269.
•Feigh-athair': lc, the father of sharp art, 237.
VOL. IV. 2d
Digitized by
Google
402 INDEX.
Fum:
the grade of, 19, 165, 177, 183. ^
rule of, as regards the crime of one, 179.
FfuriCHUs: 19.
t>., the usage of the law of the, 21.
*Fei8*tke8pas8: fines for, 81, 91, 103. 105, 139.
* Felmadh-fexce' : a bill-hook requisite for making a, 73.
* Fkmalks :
taking possession of land, 11, 13, 15.
heirs ot, claim on covenants, 39, 41, 45.
FirocEs : ^
making of, in co-tenancy, 71.
liable to conditions, 71.
law of, and requisites for, 73.
hatchet necessary for making strong, 73.
construction, dimensions, and situations of vaiious, 77.
trespass over, 81, 83, 85.
owner of land must have, 85.
description of, lawful, 113.
dimensions of, naked, 113.
bad, lessen trespass, 127.
must be made by deserter's next-of-kin, 129.
. what are lawful, in co-tenancy, 139.
stake-, 141.
settlement of stake-, by oath and prescription, 143.
required for roads, 145.
'Fene'-gbades: 355.
* Ferfothiji* cuiep: why so called, 315.
* FcRFOTHLA • MAN :
a division of the * boaires,* 299.
why so called, 315.
* Feb iiBiDBOTH '-MAX : one of the social grades, 299.
Ferk: a bramble- tree, 149.
^FiALSHAx': 359.
Field: bees settling in a, 185.
•File '-poet: 359.
* Fikb* t.e., the pure tribe, 290.
Fixes:
for entry on fenced lands, 25, 27, £9.
for unlawful distress, 33.
for unlawful entry, 33.
for combat witliout verbal engagements, 33.
for giving away property not ones own, 33.
payment of, to be adjusted to ability of provisions, 37.
not necessarily in any ))articular kind, 37.
in copper, silver, or gold, only paid by a chief, 37.
of law to a king, 51.
for neglect of feneing, 73.
for trespass in the co-tenancy, 81, 83, 85, 87.
for trespass by animals, 83.
for cattle violating church or sanctuary, 87.
Digitized by
Google
INDKX. 403
Fixes— coJrfimift/,
none in certain *airlim '-trespass, 93, 95.
for spoilt grass, to be paid by arbitration, 95,
for gorinrj ant\ wounding by cattle, 103.
for 'feis'- trespass; 105, 139.
for • airlim '-trespass by sheep, 109.
for trespass of pet animals, bees, hens, and all birdj, 1 15, 1 17.
for dog-trespass, 123. ^ .
for stakes-trespass, 141, 145, 153.
for cutting timber, 147, 149.
accepted by church from sinners, 235.
for tneft and unlawful possession, 269, 271.
•FoBPiHis*: 39.'
'Finetacuib':
a family division, 283, 285.
Le.t the ' adopted sons,' 289.
* FiNNSBUTH Fithil'-law : maxim of, in talcing for able distrcsF, 91.
' FiR-oiALLKA ' : definition of, 35.
'FiauANFia': 38 h
Firb: ever living, in a chiers house, 311.
Fishing- w£iB : 213.
^ FiTuisi vtLC ' : i.e., the disease of evil, 378. '
Flag: a boundary mark, 143.
Flagstone: trespass of a, 141.
* Flaitu '-cdief :
t.c., an original landowner, 216.
the grades of, 321.
'Flaithb-pise'-pebsoss: t.c. tribe divisions, 233.
* Flaitbem '-pebson : 346.
description' of, 351.
Flat-m.\bk: description of, 143.
Flax : in good arable land, 277.
Flute platebs : part of a king's distinction, S39.
^ FoAcu-TCArruE '-TRESPASS : of cows, 125«
* Fochlocc '-POET : 357| 361.
* Fopaeb'-pebsox : 43, 285.
* FoBSSAM ' : the custom of, t.a. of the adopted son, 237> 209.
*Foibgb '-measure: 21, 127.
' FoiXSATDH '-TBESPASS : 99.
Food : when * eric '-fine falls on criminals, 24 h
Food-bent:
of a last survivor, 303, 305.
of an • ogaire * chief, 307.
Fools : proverb as to, dividing neglect, 85.
Foot : two hands in a, 277.
FOBFEITUBE I
of cattle for illegal entry, 27.
of stock by * raitcch * persons, 31, 33.
VOL. IV, . 2 D 2
Digitized by LjOOQ IC
404 INDEX.
Forge : notice to be given at, when horses trespass, 107.
* FOKRACU • MEASURE I
t.e., a measure of land containing about 552 yards, 139.
six Mails' in a, 277.
* FoBUs • : of a * flaith ' chief, 321 .
Fosterage :
of a woman, 63.
half the price of, to be paid on marriage, 63.
FosTES-CHiLD : wounding the, of a family, 245, 255.
* FoTHIJk '-TRESPASS : 99.
*smacht* fines for, 107.
Foxes: *smacht* fines for pet, 115, 121.
Fratricide : in the family, 293.
Fbeemak: native, offences of, 153.
Fribat :
assigned for certain works, 2)7, 219.
set aside by kings for horseracing, 335.
Fruit :
blight of, proof of king's falsehood, 53.
sowing and enjoyment of, how regulated, 169, 171.
* Fugitive : from the tribe not protected by * ncmcdh/ 1F5.
* FOIDHER-GABULA • : 43.
* FUIPIIIR '-TENANT :
the tribe of inferior bondsmen, 39, 236, 237, 283.
divisions of the, 287.
*Fuii-M AC* -pupil: 357.
Furniture :
^ of an*ogaire,* 307.
of a tenant resident, 307.
of a *boaire,' 309, 311.
Furze: a bramble-tree, 149.
* Gabhail-fodagmat '-DEFENDANTS : a tribe -division, 283, 235.
Gap, see also Cutting :
trespass over a, by animals, 83, 87.
breach over a, 127.
every, to be closed, 155.
GcKSE :
common pasturage of, 101.
*8macht*-fine for, 115.
•Geilfise •-chief: 197.
' Geilfine'-di VISION :
i.e., a family division. 30, 167, 249, 259, 265, 283, 285.
means * white family,' 287.
exact description of, 290, 291,
* Gi A llna' -service: 347.
•GiALLNA '-tenants: 321,327.
Gifts:
(even noblo, 211.
fcven unlawful, 271.
Digitized by
Google
INDEX. 405
' Glaisin *-dte-piant : probably wood, a cliaracterbtic of arable land,
276, 277.
* GLAsriNE • :
a family division, 283, 285.
means 'green family,' 287, 291.
Goats : ties of leather for, when herding, 87.
Goods : reciprocity of, not enforced by law in certain cases, 129.
Goos£B£RRT-TBE£ : a bramblc-trce, 149.
' GoRMAc * : a sister's son, 42, 291.
Grades:
church and lay, 227.
invisible precincts of various, 227, 229.
ditference between precincts of ecclesiastical, 229.
chieftain, bound to entertain without asking questions, 237,
seven divisions of social, 299.
the oaths, binding contracts, guarantees, evidence, honor-price,
reflections, etc., of social, 299, 336.
take service for land, 307.
proportionate stock of, 307.
protect each other, 807.
GR.UKS :
testing of, for smacht-fines, 93.
three, to the inch, 277.
Grass :
damage to,- by cattle grazing, 49.
injury to, decided by arbitrators, 49.
compensation for dama.i^cd, 51.
damaged, must be sued for before it grows agiun, 51.
trespass by pigs, calves, etc., on, 109, 111.
Gbetuoukd : part of a chiefs establishment, 327.
Grinding : the week days arranged for, 217.
Grinding -8T09E : in a chiefs house, 31 1.
Guarakteb:
of an * ogaire,' 307."
of a * boaure,' 309.
Harlot :
nuptial present to a, 57, 209.
• abad '-gains of a, shared by head of tribe, 63.
contract of a, not binding, 209.
a tribe-divbion, 291. .. ,
Harpers : part of a king's distinction, 339.
Hatchet :
requisite for making a strong fence, 73.
in a chiefs house, 311.
' 'dire* fine for using, 315.
Hawks: * smacht '-fines for, 115,121.
Hawthorsi : a common tree, 147.
. Hazel:
a chieftain tree, 147. ••
white-, a shrub-tree, 147.
what gives it dignity, 151.
Digitized by
Google^
406 INDEX.
HsABLAims :
fine for running-OTcr three, 137, 139.
definition of the, 139.
Hkat : t.tf., sultriness, trespass in consequence of, 93, 105.
Heabth : certain crimes go upon the nearest, 247, 249.
Hsath: a bramble tree, 149.
Hkaven: men of, i.e., churchmen, 211. '
IIeiiu : proceedings of, in co-tenancy, 69. I
Hencumax : description of a, 353.
IIehs :
a hood necessary for, 87.
* smacht '-fine for pet, 115, 17, 119.
three trespasses by, 117.
rag-boots and spancels for, 119.
Herbs: sweet, characteristic of good arable lands, 277
Hebb-garden: regulations as to bees kept in a, 199.
Herd : trespass by a, how estimated, 109.
HERsnr: the inviolable precinct of a, 229.
Herons: ^ smacht '-fines for pet, 115, 121.
Highway : adds to the price of land, 279.
Hire : land let out on, in case of a deserter, 135.
HrvES :
lots to be cast upon, in case of injury by bees, 179,
swarms from, how divided, 191.
Hog : the snout of a rooting, a dish at a chiefs table, 311.
HOLLT :
a cbieftain-treo, 147.
what gives it dignity, 151.
HoNET : found in good arable land, 277.
Honor: how forfeited by a grade, 319.
Honor-price :
when given and by whom, 15, 47, 48, 49.
for bees, 201.
for violation of protection, 231.
for killing, wounding, 233, 235, 253, 255.
divisions of, in * urrudhus '-lav.-, 235.
without having absconded, 2.37.
Brehon must know tribe's, 285.
of a * midboth '-man, 301 .
of an *op:aire' how estimated, 307.
ofa*boaire,*309.
how graduated, 385, 387.
JIoRNBLOwjbiBs : part of a king's distinction, 339.
Horses :
the use of, in taking possession of land, 3,' 5, 19.
the use of, in testing the tiTS])ass of swine, 97.
should be in slablo at night, 97.
trespass of, 1U5, 107.
feeding of, in pound, 107.
Digitized by LjOOQ IC
INDEX. 407
Host: cuttings made made in flying before 8, 155.
Hostages: necessary for a king, 51.
HouKD, see Doo.
House :
trespass by hens in, 117, 119.
description of an *ogaireV, 305.
description of an • boaire's*, 309.
description of an * mbruighfherV, 311.
'Iakfinb':
a family division,. 43,' 167, 243, 283, 285.
exact description of, 290.
commcntar)' on the, 293.
*Idha*: a species of tree, conjectured to be a pine, 147.
*Idhm A '-person: 345.
description of, 349.
loioT : contract of, with a sane person not binding, 209.
Ignorance:
does not increase * dire' fine, 229.'
meaning of, in cases of protection, 229.
Illegauties : prosecuted by the Feini on three occasions, 33.
Imbeciles : possession of land shall not be sued for by,
Impotenct : does not increase 'dire '-fine, 229.
Inadvertence : does not increase * dire '-fine, 229. •
Indemnitication : pledge of, by heirs in co-tenancy, 69.
Inches: six, in a hand,
* Inchis ' : a house of, ie., a house built for an aged man of the family, 305.
* Ingen ar bieraibh ' :
a family division, 283.
definition of, 285.
Injuries: to ditches, 221.
Innate Rights : a hoard of bees, one of thej 195.
'Inntinb':
a family division, 43, 167, 207, 283, 285.
exact description of, 290.
commentary upon the, 293, 295.
* Innteit '-measure: six paces in a, 277.
* Innua • : a sub-division of family, 293.
Iron : mine of, how valued, 279.
IsiAND : no dbtress taken on, to which cattle are brought, 7.
Ivy : a bramble-tree, 149,
Judgmests:
bee, 163.
of top and trunk of trees, 167, 189.
of drawing water across land, 167.
wood, 169.
Judgments op Crimes: 241-273.
Jugglers : part of a king's distinction, 339.
Digitized by LjOOQI(
408 INDEX.
KiixncG :
necessary, 245.
whole family liable for, 247.
body-fine for, 247, 253.
Kllks :
trespass of hens in, 117.
using, without leave, au ofrcnce, 315.
Kings :
. "where no Brchon, every dispute is brought before the^ 51.
hosta":es, rent, smacht-fine necessary for a, 51.
must be free from falsehood, betrayal, and unworth conduct, 51.
falsehood of, 53. . . "
. the three comraons of a, 195.
a gift to a, 211.
extent of his inviolable precinct, 227.
* eric '-fine of a criuiinal on the, 241, 243.
one of the social {p*ades, 299.
a * tanaise ' of a, 299.
divisions of, 329, 331, 345.
rights, benefits, spendings, pledging, actions, and hostings of, 333, 335.
qualities necessary for, "335;
seven weekly occupations of, 335.
fastings of, 337.
arrangements, etc., of houses of, 339.
verses descriptive of, 341.
the succca'slon of, arranged by seniority, 373.
for what qualifications selected, 377, 379.
varieties and preceilence of, 381.
Kinsman :
suiug for * eric '-fine, 261.
seizure of cattle of, 2G5.
liabilities of, for crimes, 265.
Kitchen : breaking into a, 315.
Kneadinq-trough : used by a woman in taking possession, 9.
Knives : for reaping rushes, 311.
Knowledge : meaning of, in cases of protection, 229.
• LArr '-MEASURE : six *intrits' in a, 277.
Lake :
a boundary mark, 145.
finding bees near a, 1 95.
Lambs: common pasturage of, 101.
Lands:
on which there are plunderers, no distress, 7.
o estimated according to amount of stock and property, 39.
title to, affects the descent to the son, 45.
descent of, to sous from mot'jcrs, 45.
division of, by tribe, 45.
given up for roads, 45.
* cruib* or * sliasta.' how dealt with, 45.
refection, 49.
divijion and fencing of, in co- tenancy, 71.
trespass on, estimated by rent, 95.
trespass by dogs on, li3.
Digitized by
Google
INDEX. 409
Lands — continued,
subject to farm laws, 125.
offer of, to a deserter, 137.
profits of, 147.
cutting of, n man -trespass, 151. . ,
certain cuttings of, not sued for, 155.
trespass of bees on, 163.
neighbouring, their rights as to bees, 165.
swarms of bees go according to divisions of, 165, 173, 189.
bees settling on, 191. See Bees. '
right of water in, 207, 211, 213.
* innfine ' and * deirbhfine,* 207.
hard to conduct water over three, 215.
price of water on certain, 'i 13, 215.
ditches made in, 221.
a man is better than, 247.
forfeited for crimes, 265, 269.
shall not be sued for by imbeciles, lepers, 271.
various divisions of, 277.
characteristics of arable, 277-
characteristics of weak, coarse, and deep, 277.
measurement of, 277.
price of various kinds of, 279.
of an *ogaire'-chief, 805.
of a • boaire '-chief, 309.
of a • mbruighf er,' 311.
Lawful Greek :
definition of, 1 95.
finding a stray swarm of bees in a, 195.
Laws:
maxim as to constancy of old Brchon, 51.
to be without, proof of king^s falsehood, 53.
Lat-B£cluss : three kinds of, 367.
*Lbacla*: 151.
Lefbbs: possession of land shall not be sued for by, 271.
* LETHPiLAiTHEM'-PEBSOjf : description of, 351.
* Llas '-HOUSE : I.e., a cow or sheep house, 313.
Linen cloth : to wash foulness from a person^s honour, 319.
Lintels: the breaking of, 315.
* Lis •-F0BT : fine for trespass on a, 3 1 3.
* Lis MABTBADH '-FORT :
probably a churchyard, 86.
tre;*pa8s on a, b7.
LiTEBATURE : profcssors of, 355, 357.
•LoABo': 315.
*Macaibbe': 361.
*Macfuimidu*-poet: 357,361.
Mallet:
use of in making fences, 113.
in a chiefs house, 311.
Digitized by
Gooole
410 INDEX.
Malt : a sack of, always in a chieVa house, 311.
Man:
who follows bees in their flight, his rights, 181, 183
who has stained his weapon with blood, 185. •
who has fled from maintaining his father, 185.
who has left plunder behind, 185.
who watches a swarm of bees not his own, 191.
who find bees in a tree in a lawful green, 195.
who find bees in various other places, his shaie, 195
* airlim '-trespass in flying from, 93, 95.
trespass of, in co-tenancy, 139.
is better than land, 247.
Mam -TRESPASS :
fines for, 83, 85, 87.
various kinds of, 99.
fine for, lies against hens,' 1 17.
by dogs, 123.
descinption of, 147,
* Manach '-person : contract of a, not binding, 209.
'Makchains': 381.
* Makslaughtes, see * Ehic '-fixe :
necessary crime of, 245, 247, 249, 265, 2G9.
treatment of one who has committed, 303.
Marbiage :
nuptial presents on, 61, 63.
payments by women on, 63.
'Marsh '-man: 345.
description of, 355.
*Materie8*: 373.
Matrimonial contract: a woman who has fled from, 185.
* MBRDIGn-FUER '-MAN :
a division of the * boaircs,* 299.
why so called, his position described, 31 1.
Mkadow: trespass into a profitable, 91.
Measurement : table of linear, 277.
Meers^ see Boundart-marks.
* Merraighe '-SWARM : of bees, 173.
* MlDBOTH '-MEN :
two kinds of, 301. '
description of, etc., 301, 303.
' MiDHLACU '-MAN : 845.
description of, 353.
Milk:
compensation for, where cattle arc stolen, 271.
forms part of food-rent, sick-maintenance, and rcflcf.tions, 301, 307.
a cask of, in a chiefs house constantly, 31).
Mill:
trespass by hens in a, 117.
ruin of a, a boundary mark, 143.
cuttings made at the building of, 155.
water free upon land near a, 215.
Digitized by
Google
INDEX. 411
'MiLL—continued.
the rotation of -work at the, 217, 219.
adds to the price of land, 279.
Mill-pond: ditch of a, 221.
Mill-kace: ditch of a, 221.
MlLL-TBIBUTE : 219.
Mine : adds to the price of land, 279.
Mire : must be removed from roads in time of war and of a fair, 145.
MoNASTEKY : a way leading to a, how valued, 279.
Mo:a>AT:
assigned for certain works, 217, 219.
set aside by kings for judgment, 335.
AfoNK. : covenant of a, with abbot not binding, 55
IMoob: cows may trespass in a, 125.
Mother: lands of, how divided, 45, 47.
Mound-mark: description of, 143, 145.
MouxTAix :
one of the three commons of a king, 1 95.
adds to the price of laud, 279.
Mountain- ASEi : a common tree, 147.
Mountain -FIELD : trespass in, 79.
Movables : liable first in payment of crimes, 217, 240, 265, 2G9.
* Mdcleitue ' ciiiEF : 323.
MuQs : in a chief's house,. 31 1.
KECEssrrx:
crimes of, such as killing a man in self-defence, 265.
excuses running-over headlands, 137.
excuses breaches, gaps, and cuttings, 155, 157.
crimes of, how paid for, 245, 247, 265.
Needle: swearing from a, to a heifer, 301.
Neighbour: appraisement of cattle-trespass by a, 147.
^ Neimhe '-CATTLE : exempt from seizure, 265.
* Neim us ^-pBOFEBiT : docs not perish, 273*
'Nebibeoil': 303. . .
'Xemces': 359.
*Nemedh '-person: 7, 181, 183, 185.
of God, i.e., the ecclesiastical dignitary, 185.
of man, Le., the lay chieftain, 185.
contracts against, not binding, 375.
shelter to, 383.
NoncB: . . ^ .
service of, in taking possession of land, 3, 13, 15. •
by women in taking possession of land, 3, 15, 23.
Notice to Quit : on a deserter, 133.
Nuptial Presents :
to an * eachlach'-person, 57. '
Digitized by VjOOQI^
412 INDEX.
Nuptial VtLESEtm— continued,
to a harlot for her divorce, 57, 209.
to a woman, 57, Gl.
portions of, due to the head of tribe, 63.
general distribution of, 63.
Oak:
ancient, a boundary mark, 143.
a chieftain tree, 147.
what gives it dignity, 149, 151.
Oats: used for * smacht '-fine.
Oatus :
stake-fences settled by, 143.
of various social grades, 301.
* OoAiBE '-CHIEF : 2S9, 299.
why so named, 305.
description of his property, his position, 305.
his proportionate stock, and food-rent, 307.
* Ogflaituem '-person : description of, 351.
•Ograth': 279.
'Oismit'-man: 345.
description of, 353.
'OlXAMHS': ^ . -
a meeting of, 227.
description of, 355.
* Ollamii '-poet : description of, 359.
« Omax '-plant: absence of, sign of good arable land, 277.
Onions : part of the food of a * boaire,' 311.
Oratory: cuttings made at the construction of, 155.
Ordeal : test of, 285.
Ozsn:
common pasturage of, 101.
feeding of, in pound, 107.
Face : six feet in 9, 277.
Palisade :
trespass by cattle over a, 125.
trespass of, 139.
Passage :
trespasses and fines in respect of a, 141.
co-tenant between two lands entitled to full, 157,
* Pasture lasd : trespass in, 79.
Penalties : see Eric-fine and SMAcuT-FI^•E :
in cases of unlawful distress, 9.
in cases of entry on fenced lands, 25.
for entering a chief's house, 313.
Pexance : double precinct, a, 229.
Pet anim.\ls: liability of owner for, and their trespasses, 121.
Pigs :
a yoke necessary in herding, 87*
trespasses of, 97, 99.
Digitized by
Google
INDEX. 413
FiGs—continued.
fines for trespass of, 99, 101.
common pasturage of, 103.
trespass hy, 109, 111.
PtLOBTMS :
a cutting before, 155. .
bound to oppose certain contracts, 211.
precinct of, 229.
protection of, by the church, 235, 237.
Tinb:
a chief tain-tree, If 7.
Trhat gives it dignity, 151.
*PixaiKN': 119.
PlAATES:
a territory is required to defend itself against, 141.
liability of service of attack and defence against, 145.
ThXiv: mark of, a boundary, 145.
Plebeian : protection of a, 233.
PiXDGE ;
for bees, 163, 177.
chiefs, liable for crimes, 245.
to redeem from prison, 247.
of a "woman to save her honor, illegal, 271.
of distress illegal, 271.
given by a man ivho sheds blood, 303.
ofan •ogaire,* 307.
of an • boaire,' 309.
Plough : in a chiefs establishment, 31 1.
Plukdebings :
• smacht '-fines for, 233.
incur ' diro '-fine, 27 1
Poets :
agifttoa, 211.
a meeting of, 227.
precinct of a, 229.
part of a king*6 distinction, 339.
seven degrees of, 357, 359, 361.
Poet-King: 331.
Pond : sec Rotation at the Mill :
Tuesday to the, 217, 219.
a cooling, for cattle, adds to the price of land, 279.
Possession :
cases of unlawful, 269.
violence does not separate, 269.
fines for unlawful, 271.
Possession of Land :
means of taking lawful, 3. ^ ^
use of horses and witnesses in taking, 3, 5, 19.
by women, 9, 11, 13, 15.
rule of law in taking, 13.
difference between a woman taking and a man taking, 15.
Digitized by
GoogIe_
414 INDEX.
PossESfilxoN OF liXSD^ continued.
decision of Sencha as to woman taking, 15.
notice by women before talcing, 23.
Bball not be sued by imbeciles and others, S7).
Pound : horses trespassing to be placed in, 107.
Pbecbdsnce : laws of, in family, tribe, and clnircli, 373.
Prectncts:
the law of, 227-237.
inviolable, how measured, 227.
of various classes, 229.
PBJfiSCRIFnON :
stake- fences settled by oath and, U3.
period of, for a weir, 213.
Prince : for what selected over a country, 377, 379.
Pbison : a pledge as to, 247.
Psofrssoh:
when a, can be a surety for his pupil, 237.
description of, 355, 357.
Pbomises :
to be estimated by power to fulfil, 37.
security and collateral security for, 37.
to pay debts, when forgiven, 39.
Pbopebty :
maxims as to giving away, 33.
maxims as to buying, 33.
of the tribe, how claimed and divided, 39.
descent of, to a son, 45.
when safe according to the Brehon, 5i>.
movable, liable for certain crimes, 247, 249.
division of, among the tribe, 285, 295.
Protection :
the law of, 229.
violation of, 231, 235.
penalties for violation of, 231.
as to reciprocal rights, 233.
by the church, 235.
by the church to culprits and pilgrims, 237.
between co-grades, 307.
Pbopobtionate Stock : 210, 21 1, 305.
of an ' ogaire '-chief, 307.
of a tenant-resident, 309, 315.
ofa *boaire,' 313-
given to tenants by chief, 315.
Pboverbs :
as to fools, 85.
as to cows, 97.
as to trespass, 127.
as to pay nig of * eric '-fine, 241.
as to lands, 267.
as to coarbs, 267.
Pupil:
when a professor can be surety for hi.«, 237.
must perform certain services to his tutor, 236-7.
Digitized by
Google
INDEX. 415
QuAGMiBEs: protection of cattle from, 101.
Rack pins : pledge of co-tenancy to be placed on, 75.
Rack rent : adopted pon of a tribe gets, 291.
Raiment : when 'eric '-fine falls on criminal'a, 241.
* Raitech *-peksok :
definition of, 20.
possession of procedure and ejectment of, 29,
three sorts of, 31.
forfeiture of stock by, 31, 33.
' Raith '-BIGHT : 327.
•Rath': 279.
Rkfections r
when due, 303. •>
ofan*ogaire,'307.
of a tenant residenti 309.
- of a 'boaire,' 311.
* Reim '-max : 345.
Rest:
necessary for a king, -61.
a calf the, for land taken till end of year, 93.
land trespasses estimated by, 95.
' RiASCAIBB '-MAN : 355.
Right op Wateb : 207-223.
RrvEB :
cattle going across a, a breach, 127.
running-overadcep, 139.
a boundary mark, 145.
adds to the price of land, 279, .
Road:
cattle going across a, a breach, 127.
running-overa, 139.
trespasses on, 141.
liability as regards, 145.
profits of, 147.
one of the three commons of a king, 195.
absconding criminal put upon the, 243.
adds to the price of land, 279.
RoBBEBT : incurs ' dire '-fine, 27 1 ,
*R0IJ>H'-PIJiKT9:
injury of, by hens, 117.
used for dyeing crimson red, characteristic of arable land, 276.
Rope :. in a chiefs house, 311.
Rotation at the Mill :
distribution of days of the week during, 217.
verses setting forth, 217, 219.
* RuiRB '-trespass: fines for, 81, 85, 127.
RVK^tKG-OVEB :
I.e., a species of trespass, 137.
fine for, 137.
three kinds of, 139.
how estimated, fines for, 139.
Digitized by
Google
416
INDEX.
Sack :
afino, 71, 85, 91, 105, 117.
a measure, 107.
of malt, charcoal, salt, 311.
•Saer '-stock: 327.
* SAKE*-TKyANT8 : 197, 321, 327, 339.
Sages ; a meeting of, at Sliabh Fuaid, 227.
Saint : the inviolable precinct of a, 229.
Salt^' a sack of, always in a chiera house, 311.
S'altjcd meat : part of a chiefs food, 311.
*Samiiaisc'-heiper: as a fine, 31, 83 {et passim).
* Samseisc rocAiL • : 353.
Savctoabt :
violation of, by cattle, 87.
rule of, 231.
law of, 235.
of the church, 235, 237.
* Saor '-cottiers : 381.
* Saor-giallna ' service.
Saturday :
assigned for certain works, 217, 219.
assigned by kings for giving judgment, 335.
Saw : in a chiefs house, 311.
Soarcitt-. of corn, proof of king's falsehood, 53.
* Scor'-laxds : i.tf., plain, or meadow lands, 227.
*Screpall': 29, 75,83, \ 63 (et passim),
'ScuRTHUB*: 383.
Sea:
one of the three commons of a king, 195.
adds to the price of land, 279.
Securitt : or an • ogaire,* 307.
*Seds*: 9.
le,, cattle, 29.
' as compensation for grass, 29.
as compensation for gtake-trcspas«, 145, 153.
as compensation for cutting chicftain-tn'cs, 147, 149.
as compensation for cutting timber generally, 151.
the returnable, 211.
a precinct of, for every grade, 227.
forfeited for crimes, 247, 259.
purchase of stolen illegal, 271.
value of eleven things expressed in, 279
of an * ogaire,* 305, 307.
of a * boaire,* 309.
the various kinds of. 323, 325, 327.
•Sencleitiib '-TEN ants: 321, 329. 351;
Serving-pot: in a chief's house, 31 1.
Shears : in a chief's house, 31 K
Digitized by
Google
INDBX. 417
Sheep :
a shepherd necessary for, 87.
should be in fold at night, 9t.
common pasturage of, 101.
fines for * airllm '-trespass on, 109
SuEET : Bees settling on a spread, 185«
Shelter :
against death, 237.
against unlawful claim for debt, 237.
Shsphsbd : necessary for sheep, 87.
Sheihe : cuttings made at construction of, 155, ' -
Sheub-tkees:
list of, 147.
* dire '-fines for, 147, 149, 161.
Sick -MAINTENANCE :
the law of, 301, 303, 307, 311, 331, 333.
what persons do not merit, 387.
Sieve : used by a woman in taking possession, 0,
SiNNEBS : protected by the church, 235. '
*SiE^ 33. . ,
^SlJASTA%L.\ND, 15.
* SlCACIlT '-FIXES : * ^
t.e., fine for violating the law, 109.
pledges for, 79.
paid quarterly, 79, 89.
for trespass of animals, 83,87, 89, 109, 111, 115, 117, 119, ISI, 123,
for instigation, 87.
for winter trespass, 87, 89^
statement of summer, 91.
not paid in certain cases of trespass, 93, 05,
testmg of the, 95.'
oats. used as, 95.
for *feis'- trespass, 105. ^ '
for trespass of various kinds, 107.
on co-tenants in the matter of a deserter, 131.
for stake-trespass, 141, 145, 153. «
how many in a co-tenancy, 139.
in a sacred wood, 151.
for cuttings, 155. '
for swarms of bees, 177, 181 »
for plundering, wounds, killing, and cutting, 233, 235,
sworn to, by 'midboth*-men, 301.
what persons do not merit, 387.
* Sned ' : i.e., probably a spear, 313.
•So': 387.
Soap : to wash foolness from a person's honour* 319.
»Soc': 131.
Social Grades : see Grades, 299.
Soldiers : rule of protection in case of hired, 2dl.
VOL. IV. . 2 JS .
Digitized by VjOOQIC|
418 INDKX.
Son :
ooTenant of a, ivitli father, not binding, 55, 209.
reciprocal gifts of father and, 211.
adopted, regulations respecting, 289.
Soul : an offering for the, 21 1.
Spads : requbite for making a trench, 73.
Spxab:
the cast of a, used as the measure of inviolable precincts, 227.
for killing cattle, 311.
Spxab-toutu : the shot of a rod cast by a, the measure of headland, 139.
Spikdles :
of wool, the fine for hen-trespass, 117) 119.
in a chief's house, 311.
Spi>i>i£-tree : a shrub-tree, 147.
Spits : in a chief's house, 311.
Spbixo : ' smacht * -fines payable in, 79, 89.
Stakes, t.^., fences:
injury done by, 73, 75.
how put into fences, 113.
trespasses of, 141, 143.
what settles the, 143.
profit of, 145.
*dire'-fine for cutting, 145, 155, 157.
Stealing : (see also Theft).
bees kept in a herb garden or green, 199. '
bees kept outside a green, 201.
bees from where they are settled, 203.
. . in a chiefs yard, 313.
Stings: by bees, how paid for, 177, 179.
Stibabout: forms part of refections, sick-maintenance, 301, 307.
Stock-mark : description of, 143.
SroT^Eif Property : covenant concerning, 57.
Stone :
^f worship, a boundary mark, 143.
a monumental, a boundary mark, 143.
Stone-mark : desipption of, 143.
Stone Waix : ^
a bar requisite for making a, 73.
dimensions of, 77, 113.
Strand : running over a, 1 39.
Streamlet : a boundary mark, 145.
*SUASDAMHA*-0X: 101.
Succession : laws of, 373-387.
Summer : smacht-fincs payable in, 79, 89.
Summer grass land: trespass on, 81, 83, 97.
SuMM£R milking PLACE: trcspass on, 81, 83.
Summer mountain:
trespass on, 81.
trespass on, by animals, 83.
Digitized by VjOOQ iC '
INDEX. 419
Sdmmeb wood : trespass on, 81, 83i
SusDAT : a king drinks ale on, 335,
SuppLicATiox : maxim of the Feini as to, 155.
SUBETT :
liability of, 37, 39, 59.
' foessam ' must be supported by, 207.
when a professor can be a, for his pupil„ 237.
kinsman, when sued for ' eric '-fine, 259.
SwASMs : see Bjces.
Swixb:
trespasses of, 87, 97, 99, 109, 111.
must be in stye at niglit, 97, 1U3.
fines for trespass of, 99, 109, Ul, 121. '
common pasturage of, 101, 103.
Swineherd : necessary in common pasturage, 103,
Stnod : to turn a, out of lis-fort proof of king*s falsehood, 53.
* TaIRSCE '-TRESPASS :
fines for, 81,65. *
by animals, 83, 97, 139'.
by bees, 163.
^Tanaisb': of a king, a social grade, 299:
Tanist: why so called, 321, 327.
* Taoibutuib '-DiYisioir : 243.
'Tabthuscab': U, the way over, 127.
Tenant Resident :
description of a, 307.
proportionate stock of a, 309.
fixity of tenure for, on certain conditions, 309.
Tebnal Covenants: 55. •
Tebeitort :
must defend itself, 141,
divided into seven parts, 1 43.
Tebritort House : i^. hospital, use of, 303;
Test-tree : a shrub- tree, 147.
Thbpt:
fines for, 271.
receiver of stolen goods fined as for^ 271; ,
incurs 'dire '-fine, 271.
Thibp:
a wandering, not protected, 189.
the denial of an old, does not separate possession, 269.
fines imposed on a middle, 271.
Thunder: trespass in consequence of, 105.
Thursday :
assigned for certain works, 217, 219.
occupied by kings in marriage duties, 335.
Timber:
various classes of, 147, 149.
fines for cutting, 149.
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420. INDEX.
^Tutol'-mabriage-collectiok: one third of a woman's, necessary for
maniage, 63. ,
*TlRCUMHAILE*:
a piece of land, 96, 97.
how measured, 277.
six 'forrach' measures in breadth, twelve in length, 277.
Tools : list of, in a chief's house, 311
' TOTHLA '-TKESPASS : 99.
fines for, 107.
description of, 109^
Trees :
boundary marks, 143.
cutting, a man-trespass, 14t.
list of common, 147.
list of chieftain, 147.
list of shrub, 147.
list of bramble* 149.
treatment of wounded, 149.
difference of, according to place, 151.
fines for cutting, 169.
the law of top and bottom of, 169, 171. ^
the swarming of bec;s into, 181, 183, 185.
TsEKCii :
a spade requisite for making a, 73.
true dimensions of, 77, 113.
which is empty until floods of water fill it, 215.
Trespass :
of eo -occupancy, 51.
of cattle, 75, 79. 81, 83, 85, 87.
'eric '-fine for, in co-tenancy, 75, 81.
'airlim' and 'feis,' 79, 81, 85, 91, 93, 108, 105, 109,
lying down, 81.
of animals, 83,85. 87.
without legal security, 89.
in consequence of a dog, man, heat, fear, of violence, 93.
on land, how estimated, 95.
of swine, 97, 109.
of calves and cattle, 1 1 1 , 1 25.
of pet herons, deer, wolves, birds, and foxes, 115^ 121
of bees, 115, 117.
of hens, 115, 117.
how many, in a co-tenancy, 139. *
of strikes, 141.
in respect of a passage, 141.
appraised by a worthy ndgbbour, 147.
•Triath*-kimg: 345.
Tribe:
fugitives from, cannot covenant, 55,
may rescind contracts and annul covenants, 55*
head of, nuptial presents due to, 63.
fugitive from, not protected by * nemedh,' 185.
contracts dissolved by, 207, 209.
of the divisions of the, 28 3-295.
adoption by the, regulation:-, 289.
choice of a chief by, 377.
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INDEX. 421
TsiBE-LAVDs : see Lands.
Tribb Propebtt :
how claimed and divided, 39, 41, 45.
descent of, to a son, 45.
honour price, part of, 49.
division of, 247, 259, 285-295.
Tkougus : in a chief's hoase, 311.
Tbutu : to be without, proof of king's falsehood, 53.
' TuAiTH ' : t.tf., a territory, 287.
Tubs : in a chief 's hous^, 311.
Tdesday :
assigned for certain works, 2n> ^l^-
kings play chess on^ 335.
TuBF-Boo : ditch of a, 22 1 .
*UArrNE '-chief: 345.
description of, 351.
' Ulach'-fersott : covenant of a, not binding, if alone, 55k
UiTLAWFUL Expulsion : case, of, and fine, 7«
* Ubbadhus * Law : 27.
divisions of honour-price according to, 235.
Utbksils : list of, found in a chief's house, 311.
YEirGEANCE :
for the foster-child of the familv, 255, 257.
for a man of the * deirbhfine '-division, 257.
Victuals : during co-tenancy work, 77;
YlOtJBKCB :
trespass in consequence of, 93.
does not separate possession, 269.
engagement by, not lawful, 271.
shall not prevail, 273.
Vebbal Engagements : keeping and di8solving^207.
Vessel:
a milch cow, 1 64.
a 'snmhaisc '-heifer, 164.
a 'colpach '-heifer, 165. /
a * dairt '-heifer, 165.
War : roads must be kept dean in Ume of, 145.
Wateb :
right of, in tribe lands, 207.
, •cain'-lawof, 211.
price of, fixed, 213.
free on certain lands, 215. ' '
Way-mark: definition of, 145.
Weapons : carried by various persons, 36 L
Wednesday :
assigned for certain works, 217, 219.
assigned for greyhound coursing by kings, 3^5.
Wesm : must be removed from roads in time of war and of a fair, 145.
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422 IKDEX.
Weib: «cain'-law of the, 213.
Wbli., see Rotatiok at the Mill : ' '
Monday to the, 217.
a boundary mark, 1 45. ^
Wife:
contract of a, without her husband not binding, 200.
mutual gifls of husband and, 211.
violation of protection in case of first, 231 .
Wild-place :
a findinff-share in a, due to a king, 195;
finding bees in a, 195.
Wuxow : a common tree, 147.
WiNTEB : ' smacht'-fines payable in, 79.
WiiTTEB-GBAss LASi> : trcspass on, 81, 83, 95, 97.
WiMTEB MiLBiBO-PLACE : trespass on, 81, 83
Winter Mouvtaik-laio) : trespass on, 81, 83.
WiKTER Wood : trespass on, 8] , 83.
Witnesses:
use of male, in taking possession of land, 5, 13, 15, 19.
use of female, in taking possession of land, 9, 11, 13, 15.
IfVoLVEs:
' smacht *-fines for pet, 1 15.
ser^ce of attack and defence against, 1 45;
WoMAX :
taking possession of lands, 9.
' ntiptial presents to a, 59, 61.
fosterage of, 63.
• • tinol '-marriage collection of, 63.
who has fled from matrimonial contract, 185;
who has fled from maintaining her mother, 185.
pledge of a, to save her honour, illegal, 271.
nuptial present of a, who does not perform lawful dutieS) illegal, 271 .
Wood: r
cutting down, a breach of farm -law, 125.
cows may trespass in a, 125.
sacred, * smacht *-fine for cutting trees in a, 151;
finding bees in a great, 195.
adds to the price of land, 279.
WooD-AZE : in a chief's house, 31).
\VooD-MARK : description of, 1 43.
^Work: at the mill, 217, 219.
WoUNDINGS :
of cattle, 103.
* smacht '-fines for, 233, 235.
four necessary, 245, 2i>3.
Year: division of, for purposes of * smacht '-fine, 79.
Yearling Calves: spancel necessary for, 87.
Yew:
a chieftain -tree, 147.
what gives it dignity, 151.
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[ ^23 j
INDEX TO PROPER NAMES.
A(Um, 267.
Adamnan, 335.
Aengos Aigle, 17.
Aengus Guabuadhbtach, 267.
AiciU 267.
Ailill, 359.
Ailild Letbdhcrg, 17.
AillelOlum, 10, 1 1.
Ainrirgin, 10.
Albanach, 253.
Anluan, 17.
Ardmacha, 253.
Augustine, 363.
Bri Anbui, 10.
Bloi Brughaidh, 10,
Brigh, 17,39,41,
Bregia, 265, 267.
Caisel, 6.
Casbel, 335.
Cell Gabbrin, 7,
Cennfaeladh, 257.
Cetlira, IQ.
Cian, 11.
Ciannacht, 9.
Cinnia, 36.
Coarb of Liamore, 6. .
Cobktbach Caelbregb, 41.
Coirpre, 377.
Coirpri Lifechaip, 267.
Conale Caech, 179.
Conall Cernach, 10.
Conchobar Maciiessa, 7.
Conn Cetoorach, 21.
Conn O'Cormac, 377
Connla, 11.
Cormac, 265.
Cormac Mac Airl, 374
Guilt, 227.
Dun Araill, 7.
Doigbin, 19.
Eichne, 1.
Eidgedb, 63.
Eile, 6.
Erin, 36, 227, 381.
l^eini, 5, 7 (et passim .
Feinichus, 9.
Felim "Mac Ciimthan, 336,
Fergus Forcraidh, 9, 17.
Fergus the Poet, 33.
Fladh-Mudbain, 6.
Fitbal, 265.
Gabhal, 10.
Gabhair, 17.
Inis Cathaig, 6, 7.
Ledi, 17.
Madacb, 17.
Maer, 41.
Magh Bregh, 227. ,
Main, 41.
Mata Mor, 359.
Matech, 5.
Menn, 11, 17.
Mcsgagbra, 379.
Michuairt, 331.
Midhe Minn, 10.
Mochuta, 7.
Morann, 361, 385.
Muiredhach, 265.
Munster, 335.
Nairi, 3S3.
Nia j\[ac Anluan, 17.
Ninne, 5.
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0
f/
424
INDEX.
O'Cairpre Lifeachair, 349,
Patrick, 227. .
Beth, 265.
Rot-Adamairi.
Scither, 17.
Sencha, 10.
SenchuB Mor, 387.
Sliabh-Fuaidh, 227.
Tadhg, II.
Teamhair. 19, 179,267.
Tir Maghain, 6, 7.
Tir Mudhfun, 6.
Ui-Conafl-Gnbhra, 6.
Ulftdh,5, 19.
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